John A. McCue, Appellee, v. J. P. Flynn, Jr., and Mrs. J. P. Flynn, Jr., Appellant.

Gen. No. 42,972.

*223Heard in the third division, first district, this court at the February term, 1944;

opinion filed November 7, 1945;

released for publication November 27, 1945.

Charles V. Falkenberg, for appellant; no appearance for appellee.

Opinion by

Justice Lewe.

Not to be published in full.