First District.

#### H. S. Bennett, trading as H. S. Bennett Company, defendant in error, v. Chicago Motor Club, plaintiff in error.

Gen. No. 30,419.

Heard in the first division of this court for the first district at the October term, 1925.

Opinion filed February 7, 1927.

Lightfoot, Braun & Krohn, for plaintiff in error. No appearance for defendant in error.

Mr. Presiding Justice McSurely

delivered the opinion of the court.