#### Carson Pirie Scott and Company, appellee, v. Checker Taxi Company and C. Gerrits, defendants. Appeal of Checker Taxi Company, appellant.

Gen. No. 40,000.

Heard in the third division of this court for the first district at the April term, 1938.

Opinion filed October 26, 1938.

Julius Jesmer, for appellant. Wendell H. Shanner, for appellee; Charles V. Laughlin, of counsel.

Mr. Justice Denis E. Sullivan

delivered the opinion of the court.