delivered the opinion of the court.
Gen. No. 39,968.
Heard in the first division of this court for the first district at the February, term, 1938.
Opinion filed October 31, 1938.
Rehearing denied November 14, 1938.
Fisher & Fisher, for appellant; Samuel R. Hassen, of counsel. Morgan, Mc Farland & Stearns, for appellee; Lester T. Murray and Leonard Stearns, of counsel.
delivered the opinion of the court.