This is a companion case to No. 10270, Ollie J. Bailey v. Victoria Bank & Trust Company, 114 S.W.2d 920, this day decided. In this case, instead of a judgment on the merits in a trial before the court without a jury, as in the other case, the trial court directed a verdict for the bank.

The appeals in the two cases, however, present identical questions for decision here, and for the reasons given in the opinion in No. 10270, the judgment in this case is affirmed.