#### Hubbard & Company, appellee, v. Burge Ice Machine Company, appellant.

Gen. No. 34,427.

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

Opinion filed January 28, 1931.

Rehearing denied February 9, 1931.

Alden, Latham & Young, for appellant; Charles Martin, of counsel. Loueks, Eckert & Peterson, for appellee; Victor Keller and W. IT. Bardwell, of counsel.

Mr. Presiding Justice Wilson

delivered the opinion of the court.