This is a companion case to that of Hilgenberg v. Herring, 256 S. W. 633, this day decided by this court; this case being similar to that in all matters there presented and decided. In this ease a judgment was rendered for Cunningham, plaintiff below, against Hilgepberg, defendant below, from which judgment the defendant prosecuted this appeal. The judgment of the trial court,is in all things affirmed, for the reasons assigned in said cause.