Charles G. Blake, Appellant, v. Vernon E. Ewers, Appellee.

Gen. No. 10,338.

Heard in this court at the February term, 1949.

Harry C. Heyl, for appellant; Heyl, Royster & Voelker, for appeHee; Clarence W. Heyl, of counsel.

Opinion filed January 10, 1950;

rehearing denied April 5, 1950

released for publication April 5, 1950.

Opinion by

Justice Bristow.

Not to be published in full.