Clark R. Ebert, Appellee, v. Austin C. Armstrong, Appellant.

Gen. No. 43,122.

Heard in the second division, *333first district, this court at the June term, 1944;

opinion filed December 18, 1945;

rehearing denied January 2, 1946;

released for publication January 2, 1946.

Brown, Cox & Wexman, for appellant; Hurford, & Feigenholtz, for appellee; Harold L. Feigenholtz and Eugene A. Busch, of counsel.