#### Horace D. Kennedy, Appellee, v. North Avenue Motor Sales Company, Appellant.

Gen. No. 24,083.

(Not to he reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. Arnold Heap, Judge, presiding. Heard in this court at the March term, 1918.

Affirmed.

Opinion filed July 1, 1918.

Statement of the Case.

Action hy Horace D. Kennedy, plaintiff, against North Avenue Motor Sales Company, a. corporation, defendant, to recover hack the purchase price of a motor truck. From a judgment for plaintiff for $75, defendant appeals.

Samuel A. Miller and Aaron R. Eppstein, for appellant.

No appearance for appellee.

*511Abstract of the Decision.

Sales, § 352 * — when purchaser may recover hack purchase price of motor truck. The purchaser of a motor truck is entitled to recover back the purchase price where the written contract of sale contains a condition that the truck is “to be running and in usable condition,” and it is impossible to run the truck.

*

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.