#### Illinois Smelting & Refining Company, appellant, v. The Wilkoff Company, appellee.

Gen. No. 24,419.

Action to recover money paid under contract of purchase, on breach of contract. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Edmund K. Jarecki, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.

Reversed and judgment entered here.

Opinion filed May 21, 1919.

Cunningham & Oswald, for appellant. Culver, Andrews, King & Stitt, for appellee.

Mr. Justice Taylor

delivered the opinion of the court.