Ludwig W. Kaeuffi, defendant in error, v. John T. Fitzpatrick et al., plaintiffs in error.

Gen. No. 32,058.

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

Opinion filed February 9, 1928.

Lloyd C. Whitman, for plaintiffs in error.

No appearance for defendant in error.

Mr, Justice Holdom

delivered the opinion of the court.