#### Herman P. Scher, plaintiff in error, v. Fred Becklenberg, defendant in error.

Gen. No. 34,494.

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

Opinion filed March 11, 1931.

Cohon & Goldstein, for plaintiff in error; Maurice S. Palles, of counsel. Cloyes & Klingler, for defendant in error; Glenn G. Paxton, of counsel.

Mr. Justice Friend

delivered the opinion of the court.