delivered the opinion of the court.
Heard in this court at the October term, 1926.
Opinion filed February 19, 1927.
Rehearing denied March 23, 1927.
Harry S. Parker, George Bauer, Donald B. Craig and Fred H. Kelly, for appellant; Homer T. Dick, of counsel. A. H. Ranes, Byron Piper and Corinne L. Rice, for appellee.
delivered the opinion of the court.