#### Dennis J. Egan, bailiff of the Municipal Court of Chicago; for use of Frank Scaar & Company, plaintiff in error, v. S. E. Newberger, defendant in error.

Gen. No. 28,714.

Action for balance of bid for property sold under execution. Judgment for defendant. Error to the County Court of Cook county; the Hon. John D. Biggs, Judge, presiding.

Heard in the first division of this court for the first district at the October term, 1923.

Reversed and remanded.

Opinion filed March 17, 1924.

John Francis Mahan, for plaintiff in error. Bassler, Bippus, Rose & Reeve, for defendant in error.

Mr. Justice Johnston

delivered the opinion of the court.