delivered the opinion of the court.
Gen. No. 39,964.
Heard in the second diviison of this court for the first district at the February term, 1938.
Opinion filed December 13, 1938.
Miller, Gorham, Westcott & Adams and John E. Pavlik, for appellant; Herbert C. De Young, of counsel. Markman, Donovan & Sullivan and Henry O. Nickel, for appellee.
delivered the opinion of the court.