#### Charles Branham for use of Brice Squires, appellant, v. Mary L. Gerrard and William Gerrard, appellees.

Assumpsit to recover back an advance payment upon a land contract. Judgment for defendant. Appeal from the Circuit Court of Vermilion county; the Hon. Walter Brewer, Judge, presiding. Heard in this court at the April term, 1922.

Affirmed.

Opinion filed July 10, 1922.

Rehearing, denied October 4, 1922.

Rearick & Meeks, for appellant. Charles Troup, for appellees.

Mr. Justice Heard

delivered the opinion of the court.