delivered the opinion of the court.
Gen. No. 34,557.
*669Heard in the first division of this court for the first district at the October term, 1930.
Opinion filed January 26, 1931.
Rehearing denied February 9, 1931.
Albert H. Fry, for appellant. William O. Asay and Wallace Street-er, for appellee.
delivered the opinion of the court.