#### Frank E. Roth, appellee, v. Charles H. Hill and Horace Wright Cook, appellants.

Gen. No. 26,909.

Assumpsit for money unlawfully and tortiously held and retained by defendants. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. David M. Brothers, Judge,° presiding. Heard in this court at the March term, 1921.

Reversed and remanded.

Opinion filed December 19, 1921.

Cutting, Moore & Sidley, for appellants.

Busch, Leesman & Roemer, for appellee.

Mr. Justice Matehett

delivered the opinion of the court.