Opinion by
“Not to be published in fulL”
Gen. No. 42,384.
Heard in first divi*307sion, first district, this court at October term, 1942;
opinion filed October 26, 1942;
supplemental opinion filed and rehearing denied November 14, 1942.
Levinson, Becker, Peebles & Swiren, for certain appellant; Don M. Peebles, Herbert Portes and Theodore R. Sherwin, of counsel;
Gurman & Eberle, for appellee; Samuel P. Gurman, Marvin S. Penchel, Floyd E. Thompson and Herldon H. Bowen, of counsel.
Opinion by
Justice O’Connor.
“Not to be published in fulL”