#### Charles Horn, trading as Charles Horn Lumber Company, appellee, v. C. A. Paltzer Lumber Company, appellant.

Gen. No. 34,447.

Heard in the second division of this court for the first district at the June term, 1930.

Opinion filed December 16, 1930.

Joel Baker, for appellant; Charles W. Paltzer, of counsel. Louis J. Jacobson, for appellee.

Mr. Justice Barnes

delivered the opinion of the court.