Opinion by
Not to be published in full.
Gen. No. 45,015.
*252Heard in the first division, first district, this court at the October term, 1949.
John W. Freels, Herbert J. Deany and Fulmer Long, for appellant;
Vernon W. Foster and Charles A. Helsell, of counsel;
Leo M. Tarpey, for appellee.
Opinion filed June 5, 1950
released for publication June 26, 1950.
Opinion by
Justice Niemeyer.
Not to be published in full.