Chicago Art Marble Company, Appellee, v. A. Smith and Company, Appellant.

Gen. No. 40,994.

*583Heard in first division, first district, this court at October term, 1939;

opinion filed April 8, 1940;

rehearing denied April 22, 1940.

Hyman Soboroff, for appellant;

Lederer, Livingston, Kahn, Adler & Adsit, for appellee.

Opinion by Presiding

Justice Matchett.

“Hot to be published in full.”