#### Joseph Mensik for use of William J. Dillon and James L. Kostka, his attorneys, appellee, v. John Masek and Josefa Masek, appellants.

Gen. No. 35,136.

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

Opinion filed March 16, 1932.

Rehearing denied and opinion modified March 29, 1932.'

Myer H. Gladstone, for appellants. William J. Dillon, for appellee.

Mr. Presiding Justice Hebel

delivered the opinion of the court.