#### Homer D. McCann, Appellee, v. Woodstock Typewriter Company, Appellant.

Gen. No. 41,147.

(Abstract of Decision.)

Heard in third *499division, first district, this court at February term, 1940;

opinion filed May 22, 1940.

Gardner, Foote, Morrow & Merrick, for appellant; Robert L. Elliott, Jr., of counsel; Albert E. Grammer, for appellee.

Opinion by Justice Burke.

“Not to be published in full.’’