The judgment under review will be modified, for the reasons and to the extent stated at length in an opinion promulgated at the present term, in a case in which the same litigants were involved.

For reversal — BLACK, VAN BUSKIRK, KAYS, JJ. 3.

For modification — THE CHANCELLOR, CHIEF JUSTICE, PARKER, MINTURN, KATZENBACH, LLOYD, CLARK, JJ. 7. *Page 220