#### Elmer C. Fisher, trading as Fisher Iron and Metal Company, appellee, v. Midland Iron and Steel Company and Louis Livingston. Midland Iron and Steel Company, appellant.

Gen. No. 9,321.

Opinion filed June 22, 1938.

Rehearing denied July 22, 1938.

Murphy & Murphy, for appellant; Hayes Murphy, of counsel. Huber & Reidy and Herman H. Rimmerman, for appellee.

Mr. Justice Huffman

delivered the opinion of the court.