#### Smith Brothers, Inc., appellee, v. Thompson Ice Cream Company and Kahn Bros. Hay & Grain Company, appellants.

Gen. No. 35,469.

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

Opinion filed March 16, 1932.

John Clark Baker, for appellants; William G. Shane, of counsel. Isador Becker and Albert B. Fritzshal, for appellee; Albert B. Fritzshal, of counsel.

Mr. Justice Friend

delivered the opinion of the court.