
    36623.
    PATE v. MITCHELL et al.
    
    Decided April 2, 1957
    Rehearing denied April 19, 1957.
    
      Henry A. Stewart, Sr., Nall, Sterne, Miller, Cadenhead & Dennis, for plaintiff in error.
    
      D. B. Howe, A. Walton Nall, contra.
   Gardner, P. J.

It is agreed by counsel for both parties that this case is a companion to and controlled by the decision in Pate v. Brock, ante.

Judgment affirmed.

Townsend and Carlisle, JJ., concur.  