#### Lewis A. Abdill, appellee, v. Walter A. Abdill, administrator with the will annexed of the estate of George W. Abdill, deceased, appellant.

Assumpsit to recover purchase price of coal and other minerals mined in certain land. Judgment for plaintiff. Appeal from the Circuit Court of Vermilion county; the Hon. Walter Brewer, Judge, presiding. Heard in this court at the April term, 1919.

Reversed.

Opinion filed July 9, 1919.

F. L. Draper and C. B. Shannon, for appellant. Acton & Acton, for appellee.

Mr. Justice Waggoner

delivered the opinion of the court.