Richard Pivoda, Plaintiff-Appellee, v. Thomas Wood, Trading as Thomas Wood and Sons, Defendant-Appellant.

Gen. No. 9,778.

Pope & Driemeyer, for appellant; Morris B. Chapman, and Manuel Wiseman, for appellee.

Opinion filed November 6, 1951;

rehearing granted January 4, 1952;

new opinion filed February 6, 1952;

released for publication March 4, 1952.

Opinion by

Justice Wheat.

Not to be published in full.