#### Antonio DeStefano, appellee, v. Associated Fruit Company, appellant.

Gen. No. 28,890.

Action to recover balance due on rescinded contract of sale. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Joseph Sabath, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1923.

Affirmed.

Opinion filed December 24, 1924.

Rehearing denied January 15, 1925.

Wetten, Pegler & Dale, for appellant; Orville R. Seiter, of counsel Dawson & Dawson, for appellee; Mitchell Dawson, of counsel.

Mr. Justice Taylor

delivered the opinion of the court.