#### Harry Fraiman, appellant, v. Gonnella Baking Company, appellee.

Gen. No. 37,714.

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

Opinion filed May 24, 1935.

Rehearing denied and opinion slightly modified June 5, 1935.

Louis T. Herzon, for appellant. Joseph H. Hinshaw, for appellee; Oswell G. Treadway, of counsel.

Mr. Justice Sullivan

delivered the opinion of the court.