#### Horace Delos Burdick, appellee, v. Frederick H. Bartlett, appellant.

Gen. No. 30,164.

Suit to rescind contract for purchase of real estate and to recover part of consideration, paid. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. David M. Brothers, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1925.

Affirmed.

Opinion filed November 23, 1925.

Rehearing denied December 7, 1925.

Vail, Roe & Plamondon, for appellant.

Robert P. Burkhalter and Edwin White Moore, for appellee.

Mr. Presiding Justice Matchett

delivered the opinion of the court.