W. E. Mower, defendant in error, v. Ewald Wirths, plaintiff in error.

Gen. No. 36,130.

Heard in the first division of this court for the first district at the October term, 1932.

Opinion filed December 29, 1932.

Rehearing denied January 13, 1933.

Monahan & Monahan, for plaintiff in error.

Burt A. Crowe and Alfred Ray Hulbert, for defendant in error.

Mr. Justice Matchett

delivered the opinion of the court.