#### Charles Rushing, Appellant, v. O. L. Bartlett, Appellee.

(Not to be reported in full.)

Appeal from the Circuit Court of Pulaski county; the Hon. William N. Butler, Judge, presiding.

Heard in this court at the March term, 1915.

Reversed and remanded with directions.

Opinion filed December 1, 1915.

Statement of the Case.

Action by Charles Rushing, plaintiff, against O. L. Bartlett, defendant. From a judgment sustaining the defendant’s demurrer to the declaration, the plaintiff appeals.

The declaration and demurrer being substantially the same as those in the case of Reese v. Bartlett, ante, p. 272, and the questions made and argued the same, the opinion filed therein was adopted herein.

Charles L. Rice and Fred Hood, for appellant.

Wall & Martin, for appellee.

Mr. Justice McBride

delivered the opinion of the court.