#### Martin Driensky and Anna Driensky, Appellees, v. Mary Skonieczny and Tomasz Skonieczny, Appellants.

Gen. No. 22,913. (Not to be reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. Peter C, Walters, Judge, presiding.

Heard in the Branch Appellate Court at the October term, 1916.

Reversed.

Opinion filed December 21, 1917.

Statement of the Case.

Action by Martin Driensky and Anna Driensky, plaintiffs, against Mary Skonieczny and Tomasz Skonieczny, defendants, to recover damages arising out of defendants ’ refusal to consummate an exchange of real estate contemplated in a contract of sale entered into between them and plaintiffs. From a judgment for plaintiffs, defendants appeal.

Frank H. Janiszeski, for appellants.

*189Abstract of the Decision.

Exchange of property, § 9 * —when damages may not he recovered for refusal of party to comply with contract. Where a party to a contract for the exchange of certain real estate is unable to comply with the terms of the contract on his part, he cannot recover damages arising from the other party’s subsequent refusal to complete the contract because of the first party’s inability to comply therewith, notwithstanding such other party may have refused to comply before learning of such inability of the first party.

Charles J. Michal, for appellees; Oscar H. Olsen, of counsel.

*

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

Mr. Justice McDonald

delivered the opinion of the court.