delivered the opinion of the court.
Gen. No. 7,735.
Heard in this court at .the Octpber term, 1926.
Opinion filed January 23, 1928.
Rehearing denied March 1, 1928.
Le Forgee, Black & Samuels and Morris & South, for appellant; Chauncey W. Martyn and Harry A. Daugherty, of counsel.
J. W. Kern and C. G. Mirschi, for appellee.
delivered the opinion of the court.