#### S. T. Twomey, appellee, v. Minnie Jones, appellant.

Gen. No. 7,135.

Suit in justice of the peace court to recover first payment made on contract for purchase of real estate. Judgment for plaintiff. Appeal to county court. Judgment of justice of the peace affirmed. Appeal from the County Court of Peoria county; the Hon. Arthur C. Fort, Judge, presiding. Heard in this court at the October term, 1922.

Reversed with a finding of fact.

Opinion filed August 13, 1923.

Dan R. Sheen, for appellant. Seholes & Pratt, for appellee; Henry Kneller, of counsel.

Mr. Justice Jones

delivered the opinion of the court.