Opinion by
Not to be published in full.
Gen. No. 43,294.
*595Heard in the first division, first district, this court at the December term, 1944;
opinion filed October 15, 1945;
rehearing denied October 30, 1945;
released for publication October 30, 1945.
Arthur A. Sullivan, J. A. Cobbey, Jacob Shamberg and Earl K. Schiek, for appellant;
Kirkland, Fleming, Green, Martin & Ellis, for appellee;
Weymouth Kirkland, Howard Ellis and J. B. Martineau, of counsel.
Opinion by
Justice Niemeyer.
Not to be published in full.