delivered the opinion of the court.
Gen. No. 31,810.
Heard in the third division of this court for the district at the April term, 1927.
Opinion filed December 21, 1927.
Rehearing denied January 6, 1928.
E. J. Callahan, for appellant; Bred W. Bentley, of counsel.
Harvey E. Wynekoop and Charles C. Spencer, for appellee.
delivered the opinion of the court.