#### Sol R. Malkin, Trading as Malkin, Glick and Malkin, Appellee, v. Arthur August, Trading as Preferred Builders of Chicago, and Arthur August Lumber and Supply Company, Appellant. Continental Illinois National Bank and Trust Company, Garnishee.

Gen. No. 43,315.

*208Heard in the second division, first district, this court at the February term, 1945;

opinion filed November 6, 1945;

released for publication November 20, 1945.

Rathje, Hinckley, Kulp & Sabel, for appellant; James P. Walsh and Joseph J. Sullivan, Jr., of counsel; Norman Asher, for appellee.

Opinion by

Presiding Justice

Friend.

Not to be published in full.