#### A. A. Excavating Company et al., Appellees, v. First United Finance Corporation et al., Appellants.

Gen. No. 42,697.

Heard in the first division, first district, this court at the October term, 1943;

opinion filed January 24, 1944;

rehearing denied February 8, 1944.

McCabe, Abrahams & Daly and Ode L. Rankin, for appellants; Jacob G. Grossberg and Julius L. Kabaker, for appellees.

Opinion by

Justice Matchett.

Not to be published in full.