Third District.

#### Arthur L. Fogelman, administrator of estate of Madeline Fogelman, deceased, appellee, v. Steve Christoff, appellant.

Gen. No. 9,005.

Heard in this court at the October term, 1936.

Opinion filed April 16, 1937.

Rehearing denied and modified opinion filed October 5, 1937.

Dryer, Brown & Poos, for appellant. Stuttle & Godfrey and Hill & Buffington, for appellee.

Mr. Justice Davis

delivered the opinion of the court.