#### Fred W. Ayers, appellant, v. Wabash Coal Company, appellee.

Action to recover for breach of contract to purchase water. Judgment for defendant. Appeal from the Circuit Court of Adams county; the Hon. Albert Akers, Judge, presiding. Heard in this court at the April term, 1918.

Affirmed.

Opinion filed October 22, 1918.

Freeman O. R. Baker and Fred G. Wolfe, for appellant.

John F. Garner and Govert & Lancaster, for appellee.

Mr. Justice Graves

delivered the opinion of the court.