delivered the opinion of the court.
Gen. No. 35,745.
Heard in the third division of this court for the first district at the February term, 1932.
Opinion filed November 16, 1932.
Rehearing denied December 1, 1932.
John A. Nash and Harry S. Harned, for appellant.
Knapp, Beye, Allen, Cochran & Cushing, for appellee; Paul R. Conaghan, of counsel.
delivered the opinion of the court.