#### Schmidt Construction Company, appellant, v. Myron Downie and Nathan Cerf, trading as Myron Downie & Company, defendants. Nathan Cerf, appellee.

Gen. No. 34,371.

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

Opinion filed November 3, 1930.

Gaylord D. Adsit, for appellant. No appearance for appellee.

Mr. Justice O’Connor

delivered the opinion of the court.