#### Henry Baldridge, plaintiff in error, v. Lucilius Drane and John W. Booker, defendants in error.

Gen. No. 32,959.

Heard in the third division of this court for the first district at the October term, 1928.

Opinion filed January 30, 1929.

Oavender & Milchrist, for plaintiff in error. Lyons & Sherrard, for defendants in error; Arthur A. Sherrard and Edward J. Lyons, of counsel.

Mr. Justice Wilson

delivered the opinion of the court.