#### Charles Bogardus v. Phœnix Manufacturing Company.

This case is controlled by the decision in Bogardus v. Phœnix Mfg. Co., ante, p. 456.

Assumpsit. Appeal from the Circuit Court of Ford county; the Hon. Thomas M. Harris, Judge, presiding. Heard in this court at the November term, 1906.

Affirmed.

Opinion filed June 1, 1907.

M. H. Cloud and Kebb & Bindley, for appellant.

P. E. Beach and E. M. Thompson, for appellee; Bundy & Wilcox, of counsel.

Pee Curiam.

The questions here involved are identical with those discussed in Bogardus v. Phœnix Manufacturing Company, ante, p. 456, and the holdings therein announced are decisive of this case. The *462judgment in favor of appellee in the sum of $1,122.50 is affirmed.

Affirmed.

Appellant’s motion to tax cost of blue print to appellee is allowed.