A rehearing having been granted in this muse and it having been further considered upon the record and upon be briefs of counsel for the respective parties, it is thereupon ordered and adjudged by the Court that the judgment entered herein on February 9, 1940, be and it is here by reaffirmed and adhered to on rehearing.
TERRELL, C. J., WHITFIELD, P. J., BROWN, BUFORD, CHAPMAN and THOMAS, J. J., concur. *Page 535