Ralph Vicedomini, appellee, v. Leon Kirk and Odell L. Kirk, trading as Leon Kirk & Son, and Sam Orner, appellants.

Gen. No. 33,093.

Heard in the first division of this court *616for the first district at the October term, 1928.

Opinion filed February 11, 1929.

Rehearing denied February 25, 1929.

Harry J. Lurie and Morris A. Mills, for appellants. Solberg, Hummeland & Winans, for appellee; Kellam Foster, of counsel.

Mr. Justice McSurely

delivered the opinion of the court.