delivered the opinion of the court.
Gen. No. 40,116.
*638Heard in the first division of this court for the first district at the June term, 1938.
Opinion filed October 31, 1938.
Bayley, Webster, Gregory & Hunter, for appellant; Robert E. Covert and Thornton M. Pratt, of counsel. Chadwick & Johnson, for appellee; Rudolph L. Johnson and Cecil L. Cass, of counsel.
delivered the opinion of the court.