#### M. G. Kasper, appellant, v. Mateusz Fudacz, appellee.

Gen. No. 26,762.

- Action upon an agreement whereby plaintiff turned over to defendant notes for $2,400 under an agreement by defendant to pay $400 thereof to creditors of plaintiff and to retain the balance in payment of plaintiff’s debt to defendant. Verdict and judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon.' H. W. MeEwen, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1921. Morrill, J., took no part in the decision.

Reversed and remanded.

Opinion filed December 30, 1921.

Shannon & Morrill, for appellant.

No appearance for appellee.

Mr. Presiding Justice Gridley

delivered the opinion of the court.