#### Jan Kuszewski, appellee, v. Peter Novak, appellant.

Gen. No. 30,203.

Action upon judgment note given to secure performance of contract for exchange of realty. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John Bedinger, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1925.

Reversed.

Opinion filed January 20, 1926.

Benjamin E. Richolson and C. H. Kordowski, for appellant.

No appearance for appellee.

Mr. Justice Taylor

delivered the opinion of the court.