#### Alfred Nelson, appellee, v. Carroll C. Figge and Bernhard P. Bohringer, trading as Chicago Waterproofing & Roofing Company, appellants.

Gen. No. 32,858.

*606Heard in the first division of this court for the first district at the June term, 1928.

Opinion filed January 21, 1929.

Rehearing denied February 4, 1929.

West & Eckhart, for appellants. Frederick A. Bangs and Martin Crane, for appellee; Martin Crane, of counsel.

Mr. Presiding Justice O’Connor

delivered the opinion of the court.