#### M. G. Kasper, appellant, v. Mateusz Fudacz, appellee.

Gen. No. 29,023.

Retrial of Kasper v. Fudacz, 223 Ill. App. 643. Action on agreement whereby plaintiff turned over to defendant notes for $2,400 under agreement by defendant to pay $400 thereof to creditors of plaintiff and to retain balance in satisfaction of his own claim. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Robert E. Gentzel, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1923.

Reversed and remanded.

Opinion filed May 27, 1924.

Shannon & Morrill, for appellant. No appearance for appellee.

Mr. Presiding Justice Gridley

delivered the opinion of the court.