#### George Cranaukis and Jacob Cranaukis, appellees, v. Matt Partl, Elizabeth Partl, his wife, and Pinkert State Bank, defendants. Pinkert State Bank, appellant.

Gen. No. 28,963.

Action to recover deposit on contract to purchase real estate. Judgment for plaintiffs. Appeal from 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 June 30, 1924.

Jones & Kernel, for appellant; James G. Skinner, of counsel. William T. Crilly and Richard J. Flannigan, for appellees.

Mr. Justice Johnston

delivered the opinion of the court.