delivered the opinion of the court.
Gen. No. 36,770.
Opinion filed March 6, 1934.
Heard in the second division of this court for the first district at the June term, 1933.
Rehearing denied March 21, 1934.
Ekern & Meyers, for appellant; William E. Mooney and Luther F. Binkley, of counsel. David D. Stansbury, George F. Callaghan and Richard H. Welsh, for appellee.
delivered the opinion of the court.