Wade, C. J.
The court did not err in overruling the motion for a new trial, based upon the general grounds only. The case is controlled by the former ruling of this court therein (14 Ga. App. 305, 80 S. E. 693), which is the law of the case, binding not only upon the lower court but upon this court. The case is clearly distinguishable on its facts from the ease of Oklahoma Vinegar Co. v. Carter, 116 Ga. 140 (42 S. E. 378, 59 L. R. A. 122, 94 Am. St. R. 112). -Judgment affirmed,.