
    C. R. Hedrick, appellee, v. W. W. Mercer, appellant.
    Gen. No. 8,497.
    Heard in this court at the February term, 1932.
    Opinion filed October 18, 1932.
    Wayne B. Miller, for appellant;
    Howard White, of counsel. E. V. Champion, for appellee.
   Mr. Presiding Justice Wolfe

delivered the opinion of the court.  