#### Fred Krell, Plaintiff in Error, v. August Meyer, Defendant in Error.

Gen. No. 21,546.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Habby M. Fishes, Judge, presiding. Heard in the Branch Appellate Court at-the October term, 1915.

Reversed and judgment here.

Opinion filed December 27, 1916.

Statement of the Case.

Action by Fred Krell, plaintiff, against August Meyer, defendant, for rent, in which the defendant filed a set-off. To reverse a judgment for defendant' on the set-off, plaintiff prosecutes a writ of error..

Huttmann, Cloves, Netherton & Carr, for plaintiff in error.

Albert H. Meads, for defendant in error.

Abstract of the Decision.

Sames, § 341 * —when evidence does not show promise hy purchaser of stock to pay seller accrued profits thereon. In an action for rent, where judgment was'rendered for the defendant on a set-off based *308upon an alleged promise by the plaintiff to pay the defendant accrued profits on shares of stock purchased by the plaintiff from the defendant in connection with a real estate deal between the parties, evidence held not to justify a finding that the plaintiff made such promise.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

*307Mr. Presiding Justice O’Connor

delivered the opinion of the court.