Albert Kell, appellee, v. Thomas J. Armstrong and Sylvester C. Garrison, trading as Armstrong & Garrison, appellants.

Heard in this court at the *664October term, 1926.

Opinion filed February 19, 1927.

Holt & Holt, for appellants. Wham & Wham, for appellee.

Mr. Justice Higbee

delivered the opinion of the court.