#### J. O. Nessen, defendant in error, v. Charles Horn, plaintiff in error.

Gen. No. 29,176.

Motion for order vacating order dismissing bill of complaint for want of equity and for simple dismissal with costs against complainant,. Motion granted. Error to the Circuit Court of Cook county; the Hon. George Fred Rush, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1924.

Affirmed.

Opinion filed February 11, 1925.

Gertiorari denied by Supreme Court (making opinion final).

David K. Tone, for plaintiff in error.

McCormick, Kirkland, Patterson & Fleming and Good, Childs, Bobb & Wescott, for defendant in error.

Mr. Presiding Justice O’Connor

delivered the opinion of the court.