
    FRANK BOUCHAT v. WILLIAM A. SMITH et al
    [No. 17,
    October Term, 1938.]
    
      Decided October 28th, 1938.
    
    The cause was submitted on briefs to Bond, C. J., Urner, Offutt, Parke, Sloan, Mitchell, Shehan, and Johnson, JJ.
    
      
      Robert F. Leach, for the appellant.
    
      Michael J. Manley, for the appellee.
   Urner, J.,

delivered the opinion of the Court.  