First District.

#### George W. Cummings, defendant in error, v. Bosidor Dulich, plaintiff in error.

Gen. No. 28,315.

Action for trespass. Judgment against defendant. Error to the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1923.

Reversed with finding of fact.

Opinion filed October 2, 1923.

Pierre G. Beach and Gottlieb, Schwartz & Markheim, for plaintiff in error; Harry Markheim and Wilbert P. Crowley, of counsel. Charles G. Hendricks and William T. Pridmore, for defendant in error.

Mr. Presiding Justice Gridley

delivered the opinion of the court.