#### Bishop-Wyatt Company, appellant, v. J. R. Ludwig, appellee.

Gen. No. 31,235.

Heard in the third division of this court for the first district at the October term, 1926.

Taylor, J., dissents.

Opinion filed March 2, 1927.

Weightstill Woods, for appellant; Wilkie Clay Ham, of counsel. John W. Marshall, for appellee; Channing L. Sentz, of counsel.

Mr, Justice O’Connor

delivered the opinion of the court.