#### Cornelius Lynde, plaintiff in error, v. Robert E. Kenyon, defendant in error.

Gen. No. 35,356.

Heard in the second division of this court for the first district at the October term, 1931.

Opinion filed February 23, 1932.

Rehearing denied March 5, 1932.

Cassels, Potter & Bentley, for plaintiff in error; Ralph F. Potter and George C. Bunge, of counsel. Alden, Latham & Young, for defendant in error; Hobart P. Young and Francis J. Naphin, of counsel.

Mr. Justice Kerner

delivered the opinion of the court.