Joseph C. Gould, Appellee, v. Ross C. Swartz, Appellant.

Gen. No. 9,192.

Heard in this court at April term, 1939;

opinion filed October 19, 1939;

rehearing denied January 2, 1940.

Frank K. Lemon and Grover W. Watson, for appellant; John Bedinger and George J. Smith, for appellee.

Opinion by

Justice Riess.

“Not to be published in full.”