#### Henry D. Mercer, defendant in error, v. E. McNeal & Company, plaintiff in error.

Gen. No. 27,021.

Action for money paid for corporate stock which defendant failed to deliver. Judgment for plaintiff. Error to the Municipal Court of Chicago; the Hon. Hosea W. Wells, Judge, presiding. Heard in this court at the October term, 1921.

Affirmed.

Opinion filed April 3, 1922.

Rehearing denied April 17, 1922.

Certiorari denied by Supreme Court (making opinion final).

W. J. Lewis and John M. Duffy, for plaintiff in error. Eosenthal, Hamill & Wormser, for defendant in error; Charles H. Hamill and Herman L. Ellsworth, of counsel.

Mr. Justice McSurely

delivered the opinion of the court.