James Mathes, Appellee, v. Homer Lipe, Appellant.

Gen. No. 9,589.

*622opinion filed May 27, 1948;

released for publication June 22, 1948.

Harold Broverman and Scott Hoover, for appellant; Hogan & Coale and Daniel H. Dailey, for appellee.

Opinion by Not to be published, in full.

Justice Dadt.