The opinion
Mr. Justice Cooke, dissenting:
I disagree with the view of the majority that this case is unlike that of Gage v. Cummings, 209 Ill. 120 . It is my opinion that the principle governing is the same here as it was there, and as a consequence the holding of the majority here is in direct conflict with the holding in that case. Under the holding here, instead of attempting to distinguish the two cases, the Gage case should have been expressly overruled.