#### Fred J. Williams, appellant, v. Francis L. Daily, appellee.

Gen. No. 32,034.

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

Opinion filed January 31, 1928.

Clark & Clark, for appellant; Russell S. Clark, of counsel.

Cooke, Sullivan & Ricks, for appellee; Edwin Hedrick, of counsel.

Mr. Presiding Justice Barnes

delivered the opinion of the court.