
    O. D. Jennings and Company, Appellee, v. Fulton Machine Company, Appellant.
    Gen. No. 44,736.
    John Marshall Dahlberg, for appellant;
    Fyffe & Clarke, for appellee; John Harrington and Albert J. Smith, of counsel.
    Opinion filed December 19, 1949;
    rehearing denied January 4, 1950;
    released for publication January 5, 1950.
   Opinion by Not to be published in full.

Justice Niemeyer.  