Fourth District.

#### C. W. Parker, appellee, v. Charles Davis, appellant.

Suit to recover balance on lease contract with option to purchase. Judgment for plaintiff. Appeal from the Circuit Court of Madison county; the Hon. J. F. Gillham, Judge, presiding. Heard in this court at the October term, 1922. Reversed and remanded.

Opinion filed January 26, 1923.

Rehearing denied March 27, 1923.

Geers & Geers, for appellant. C. L. Randall, J. C. Steele and Warnoek, Williamson & Burroughs, for appellee.

Mr. Presiding Justice Boggs

delivered the opinion of the court.