#### D. R. Noonan, appellee, v. Emerson-Brantingham Implement Company, appellant.

Assumpsit upon the common counts on a contract by defendant to take back a tractor which plaintiff had paid for. Judgment for plaintiff. Appeal from the Circuit Court of Edgar county; the Hon. *622John H. Marshall, Judge, presiding. Heard in this court at the April term, 1922.

Reversed and remanded.

Opinion filed July 10, 1922.

Harvey Gross, for appellant; Lathrop, Lathrop & Brown, of counsel. Fred Rhoads, for appellee.

Mr. Justice Heard

delivered the opinion of the court.