Clara Warneke, Administratrix of Estate of Frank Warneke, Deceased, Appellee, v. Henry A. Tors-tenson, Appellant.

Gen. No. 40,272.

Heard in second division, first district, this court at October term, 1938;

opinion filed April 2, 1940.

Robertson, Crowe & Spence, for appellant;

Burt A. Crowe, of counsel;

McKenna & Harris, for appellee;

James J. McKenna, of counsel.

Opinion by

Justice Scanlan.

“Not to be published in full.”