#### George R. Stewart, Appellee, v. William E. Dodson, Appellant.

Gen. No. 22,835.

(Not to be reported in full.)

Abstract of the Decision.

Gaming, § 16 * —what constitutes unenforceable gambling contract. Where, long after plaintiff purchased certain stock from defendant and as no part of that purchase, plaintiff and defendant entered into a contract providing that defendant would purchase said stock at a .certain price should plaintiff desire within one year from the date of the contract to sell the stock, held that the contract was a gambling contract and obnoxious to section 130 of the Criminal Code (J. & A. f 3733), and unenforceable in the courts.

Appeal from the Circuit Court of Cook county; the Hon. Richabd S. Tuthill, Judge, presiding. Heard in this court at the October term, 1916.

Reversed.

Opinion filed April 16, 1917.

Rehearing denied April 30, 1917.

Statement of the Case.

Action by George E. Stewart, plaintiff, against William J5. Dodson, defendant, to recover on a certain contract providing that defendant would purchase within one year from date at a certain price certain shares of stock theretofore purchased by plaintiff from defendant if plaintiff should desire to sell same. Prom a judgment for the plaintiff for $1,800, the amount of the stock at the price agreed, defendant appeals.

Buell & Abbey, for appellant.

George W. Wilbur, for appellee.

*

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

Mr. Justice Holdom

delivered the opinion of the court.