C. R. Hedrick, appellee, v. W. W. Mercer, appellant.

Gen. No. 8,497.

Heard in this court at the February term, 1932.

Opinion filed October 18, 1932.

Wayne B. Miller, for appellant;

Howard White, of counsel. E. V. Champion, for appellee.

Mr. Presiding Justice Wolfe

delivered the opinion of the court.