#### C. G. Sherman, Trading as Western Tree Company, Plaintiff Below. Foley Brokerage Company, Appellant, v. Sam Gordon et al., Defendants Below. Sam Gordon, Appellee.

Gen. No. 43,069.

*691Heard in the second division, first district, this court at the June term, 1944;

opinion filed April 19, 1945;

rehearing denied May 1, 1945; released for publication May 2, 1945.

Osear S. Seaver and J. Edward Jones, for appellant;

Golbus & Golbus, for appellee.

Opinion by

Presiding Justice Sullivan.

Hot to be published in full.