delivered the opinion of the court.
Gen. No. 31,578.
Heard in the *607first division of this court for the first district at the October term, 1926.
Opinion filed October 10, 1927.
Rehearing denied October 24, 1927.
Altheimer & Mayer, for appellant; A. B. Manion and Gideon S. Thompson, of counsel.
William S. Bennet, for Edward Hines, appellee.
Robert W. Dunn, for Shank Co., appellee.
delivered the opinion of the court.