delivered the opinion of the court.
Gen. No. 32,999.
Heard in the second division of this court for the Mst district at the October term, 1928.
Opinion filed February 14, 1929.
Rehearing denied February 27, 1929.
William A. Rogan, for appellant; William C. Burns and R. Hamlin Petty, of counsel. Hamlin, Topliff & Cooper, for appellee.
delivered the opinion of the court.