Wylie A. Hamilton, Appellee, v. W. W. Toler, Trading as W. W. Toler and Son, Appellant.

Term No. 49M4.

opinion filed October 18, 1949;

released for publication November 21, 1949.

Creighton & Kerr, for appellant; Burgess, Loy & Burgess, and Louis Beasley, for appellee.

Opinion by

Justice Scheineman.

Not to be published in full.