#### Joseph Koscher, Appellee, v. Ralph M. Gately et al., Defendants. Ralph M. Gately et al., Appellants.

Gen. No. 41,233.

*251Heard in second division, first district, this court at June term, 1940;

opinion filed July 1, 1941.

Ekern & Meyers, for appellants; Donald L. Thompson and Vernon A. Forsberg, of counsel; no appearance for appellee.

Opinion by Justice Scanlan.

“Not to be published in full."