#### Herbert Parsons, appellee, v. Percy W. Stephens, trading as United States Utilities, appellant.

Gen. No. 37,601.

Heard in the second division of this court for the first district at the October term, 1934.

Opinion filed May 24, 1934.

Charles O. Loucks, for appellant; Reuben E. Swanson, of counsel. No appearance for appellee.

Mr. Presiding Justice Friend

delivered the opinion of the court.