Silver Creek Coal Company, Appellant, v. Bulk Service Stations, Inc., Appellee.

Gen. No. 42,848.

Heard in the third division, first district, this court at the October term, 1943;

opinion filed November 7, 1945;

rehearing denied November 26, 1945;

released for publication November 27, 1945.

Daniel L. Madden, for appellant; Edward MeTiernan, of counsel; Bippus, Bose, Burt & Pierce, for appellee; S. T. McCray, of counsel.

Opinion by

Justice Lewe.

Not to be published in fulL