#### Eliza J. Kinney, appellee, v. Jacob Davis, appellant.

Appeal from the Circuit Court of Cass county, from order denying a new trial; the Hon. Guy R. Williams, Judge, presiding. Heard in this court at the October term, 1919.

Affirmed.

Opinion filed April 27, 1920.

A., A. Leeper, for appellant.

Bellatti, Bellatti & Moriarty, for appellee.

Mr. Justice Waggoner

delivered the opinion of the court.