
    Herman Benning, Appellee, v. Frank Niehaus, Appellant.
    Gen. No. 9,715.
    
      Omer Poos, for appellant; Kinder & Dey, for appellee.
    Opinion filed November 2, 1950;
    rehearing denied December 28, 1950;
    released for publication December 28, 1950.
   Opinion by Not to be published in full.

Justice Wheat.  