Herman Benning, Appellee, v. Frank Niehaus, Appellant.

Gen. No. 9,715.

*158Omer Poos, for appellant; Kinder & Dey, for appellee.

Opinion filed November 2, 1950;

rehearing denied December 28, 1950;

released for publication December 28, 1950.

Opinion by Not to be published in full.

Justice Wheat.