#### Madison Maginn, Appellee, v. Joseph levy, Appellant.

Gen. No. 23,514.

(Not to he reported in full.)

Appeal from the County Court of Cook county; the Hon. J. J. Cooke, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.

Reversed and remanded.

Opinion filed May 14, 1918.

Statement of the Case.

Action by Madison Maginn, plaintiff, against Joseph Levy, defendant, to recover upon a contract for the installation of a ventilating system in defendant’s premises. From a judgment for plaintiff, defendant appeals.

Ela, Grover & March, for appellant; Charles C. Bombaugh and Mortimer C. Grover, of counsel.

Charles C. Spencer, for appellee.

*

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

Mr. Justice Matchett

delivered the opinion of the court.

*301Abstract of the Decision.

1. Pleading, § 395 * — what is effect of verified plea of non est factum. In an action upon a written contract, a verified plea of non est factum denying the execution of the instrument places upon the plaintiff the burden of proving its due execution as at common law.

2. Contracts, § 385* — when execution of contract not shown. In an action upon a written contract where defendant interposed a verified plea of non est factum, evidence held insufficient to sustain plaintiff’s burden of proving the execution by defendant of the instrument sued on.