#### Alfred W. Gerhard, appellee, v. H. J. Earnest et al., trading as Tec Development Company, appellants.

Gen. No. 31,767.

Heard in the first division of this court for the first district at the March term, 1927.

Opinion filed October 10, 1927.

Rehearing denied October 24, 1927.

Lee, Phelps & Cleland, for W. J. Tomkins, appellant.

Marvin W. Wallach, for appellee; Donald Neath Clausen, of counsel.

Mr. Justice McSurely

delivered the opinion of the court.