#### Alonzo J. Cutler, Appellant, v. Charles W. Pardridge, Appellee.

Gen. No. 22,293.

(Not to be reported in full.)

Abstract of the Decision.

1. Appeal and error, § 1725 * — token decision on former appeal is binding. The decision of the Appellate Court on a former appeal is binding as the law of the case on the same questions on the second appeal.

2. Boards of trade and exchanges, § 42* — when defendant must show damage by breach of contract of credit with brokers. The right of a broker to recover money paid out by him for losses in “open trades” on the Board of Trade of a customer for the failure of the latter to put up margins to secure them cannot he defeated merely because of the existence of a contract of credit and breach thereof by plaintiff, but defendant must show by competent evidence that he was damaged by such breach.

Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1916.

Reversed and remanded.

Opinion filed July 19, 1917.

Statément of the Case.

Action by Alonzo J. Cutler, plaintiff, against Charles W. Pardridge, defendant, to recover money paid out by plaintiff as broker for defendant for losses in certain transactions on the Board of Trade of the City of Chicago. From a judgment for defendant, plaintiff appeals.

Henry S. Robbins, for appellant.

Bradley, Harper & Eheim, for appellee; Thomas E. D. Bradley and Jacob Newman, of counsel.

*

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

Mr. Presiding Justice Barnes

delivered the opinion of the court.