#### Midwestern Company, appellee, v. Warshawsky & Company, appellant.

Gen. No. 33,099.

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

Opinion filed January 21, 1929.

Schuyler, Weinfeld & Parker, for appellant; Wm. C. Graves, Fred Plotke and Carl J. Appell, of counsel. Albert Sabath, for appellee.

Mr. Justice Matchett

delivered the opinion of the court.