Opinion
No. 28348
Decided April 9, 1941.
APPEAL from the Court of Appeals of Franklin county.
Messrs. Nichols, Wood, Marx Ginter and Messrs. Heilker Heilker, for appellee.
Mr. Walter Dressel and Mr. Wilbur E. Benoy, for appellant.
The essential facts in this case, insofar as they relate to the question of law presented, are substantially the same as in the case of Snavely v. Wilkinson, Exr., ante, 125, this day decided. For the reasons set forth in the opinion in that case, the judgment of the Court of Appeals herein is affirmed.
Judgment affirmed.
WEYGANDT, C.J., TURNER, WILLIAMS, MATTHIAS, ZIMMERMAN and BETTMAN, JJ., concur.
HART, J., dissents.