#### G. S. Blakeslee and Company, Appellee, v. Western Union Telegraph Company, Appellant.

Gen. No. 42,867.

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

opinion filed March 21, 1945;

released for publication April 10, 1945.

Eekhart, Klein, McSwain & Campbell and Francis R. Stark, for appellant; P. B. Eekhart, Paul Hassell and M. A. Palumba, of counsel;

D’Ancona, Pflaum, Wyatt, Marwick & Riskind, for appellee.

Opinion by

Justice Lupe.

Not to be published in full.