#### Allie M. Best, Executrix, Plaintiff in Error, v. William C. Hunter, Defendant in Error.

Gen. No. 18,700.

(Not to be reported in full.)

Error to the Circuit Court of Cook county; the Hon. George A. Carpenter, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1912.

Affirmed.

Opinion filed November 4, 1913.

Statement of the Case.

Action by Allie M. Best, executrix of the estate of *207Walter T. Best, otherwise known as E. Maro, deceased, against William C. Hunter on a contract between defendant and deceased alleging that defendant refused to take back certain shares of stock at the price paid by deceased, contrary to the agreement. From a judgment entered against plaintiff for costs on sustaining a demurrer to plaintiff’s declaration, plaintiff brings error.

Abstract of the Decision.

Contracts, § 353 * —when declaration in action on, demurrable. In an action by an executrix on a contract with decedent in the form of a letter whereby the defendant agreed to take back certain shares of stock from deceased at any time within two years at the price paid, a declaration which does not allege the name of the corporation and does not aver that the shares were delivered by defendant and received by decedent, held demurrable.

Kern & Clare, for plaintiff in error.

Charles H. Wells, 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.