The judgment under review herein should be affirmed, for the reasons expressed in the opinion delivered by Judge Brown sitting as Supreme Court commissioner.

For affirmance — THE CHANCELLOR, LLOYD, CASE, BODINE, DONGES, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, JJ. 10.

For reversal — THE CHIEF JUSTICE, HEHER, PERSKIE, JJ. 3. *Page 410