delivered the opinion of the court.
Gen. No. 39,828.
*646Opinion filed October 10, 1938.
Rehearing denied October 24, 1938.
Barnet Hodes, Corporation Counsel, for appellant; M. C. Zaeharias, Alexander J. Resa and Adam E. Patterson, Assistant Corporation Counsel, of counsel. Charles C. Spencer and Richard M. Spencer, for appellee.
delivered the opinion of the court.