
    38220.
    RAPER v. ELLIOTT.
    Decided April 5, 1960
    Rehearing denied April 28,1960.
    
      Vernon W. Duncan, for plaintiff in error.
    
      Raymond Reed, Robert K. Ballew, contra.
   Gardner, Presiding Judge.

This case is the same, except as to name and amounts of money involved, as the case of Raper v. Smith, ante, and is controlled by the ruling therein.

Judgment affirmed.

Townsend and Carlisle, JJ., concur.  