Opinion by
“Not to be published in. full.”
*367opinion filed October 28, 1940;
rehearing denied February 20, 1941.
Mason & Flynn and Philip G. Listeman, for appellant; Whitnel, Browning, Listeman & Walker, of counsel; Warnock, Williamson & Burroughs and Gillespie, Burke & Gillespie, for appellee; M. L. Burroughs, William G. "Horsley and Louis F. Gillespie, of counsel.
Opinion by
Justice Culbertson.
“Not to be published in. full.”