#### Frank Zimmermann, Defendant in Error, v. Andrew Kreinek, Plaintiff in Error.

Gen. No. 18,666.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Arnold Heap, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1912.

Affirmed.

Opinion filed November 4, 1913.

*206Abstract of the Decision.

Indemnity, § 18 * —form of action. An oral guaranty whereby one party agrees to. reimburse another for any loss the latter might sustain by reason of purchasing from the' former a certain saloon business, held a transaction between vendor and vendee, and not a transaction between partners in equity.

Statement of the Case.

Action by Frank Zimmermann against Andrew Kr'einek to recover upon an oral guaranty in which defendant undertook to reimburse plaintiff for any loss sustained by plaintiff by reason of his purchase of a saloon business. From a judgment in favor of plaintiff for two hundred dollars defendant brings error.

Elmer O. Rathfon, for plaintiff in error.

Frank Foster, for defendant in error.

*

See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

Mr. Justice Clark

delivered the opinion of the court.