#### Frederick Gerald Thomas, Petitioner, v. George W. Rossetter, Jay C. McCord and Maurice A. Rosenthal, Respondents.

Gen. No. 44,595.

*648Lloyd C. Whitman, for appellant;

Poppenhusen, Johnston, Thompson & Raymond, for appellees; Floyd E. Thompson and Roger W. Barrett, of counsel.

Opinion filed February 10, 1950;

rehearing denied March 13, 1950;

released for publication March 15, 1950.

Opinion by Not to be published in full.

Presiding Justice Friend.