delivered the opinion of the court.
Gen. No. 31,658.
Heard in the second division of this court for the first district at the March term, 1927.
Opinion filed November 15, 1927.
*618Charles C. Spencer, for plaintiff in error.
Fred H. Montgomery, for defendant in error; W. S. Horton and Vernon W. Foster, of counsel.
delivered the opinion of the court.