#### Causetta Posey, Defendant in Error, v. William B. Graham, Plaintiff in Error.

Gen. No. 19,081.

(Not to be reported in full.)

Error to the County Court of Cook county; the Hon. David T. Smiley, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1913.

Affirmed.

Opinion filed March 10, 1914.

Statement of the Case.

Action by Causetta Posey against William B. Graham on a contract giving plaintiff an option of an interest in certain lands, or a return of the amount ad*393vanced with interest. She elected to take a return of the advancement and claimed that defendant refused to pay the money, offering instead shares of stock in a certain company. From a judgment for plaintiff, defendant brings error.

Abstract of the Decision.

Contracts, § 384*—when evidence sufficient to sustain recovery in action on contract. In an action upon a contract giving plaintiff an option of an interest in certain lands, or a return of the amount advanced with interest, she having elected to take a return of the advancement, a verdict in her favor was held not to he against the weight of evidence.

Rogers & Mahoney, for plaintiff in error; Howard M. Harped, of counsel. \

John Frederick Haas, for defendant in error; Henry Lynch, of counsel.

Mr. Justice Cdark

delivered the opinion of the court.