Third District.

The Wichita Flour Mills Company, trading as The Willis Norton Company, plaintiff in error, v. Oscar Shawver, defendant in error.

Gen. No. 8,824.

Opinion filed June 15, 1934.

Harvey Gross, for plaintiff in error; Glen A. Wisdom, of counsel. Carson M. Purdunn and Samuel M. Scholfield, for defendant in error.

Mr. Justice Davis

delivered the opinion of the court.