#### James McGetrick, appellee, v. David J. O’Connor et al., trading as O’Connor, Burke & McDonnell, appellants.

Gen. No. 27,779.

Suit to recover money deposited as earnest money, and to rescind contract to purchase real estate on ground of misrepresentation. Judgment for defendants. Appeal from the Superior Court of Cook county; the Hon. Oscar Hebei, Judge, presiding. Heard in this court at the March term, 1922.

Reversed and remanded.

Opinion filed February 19, 1923.

Rehearing denied March 1, 1923.

Madden & Cunningham, for appellants. Edward J. Kelley, for appellee.

Mr. Presiding Justice McSurely

delivered the opinion of the court.