#### J. S. Kelly, plaintiff and appellee, v. Benjamin Kugler and Jerome S. Breakstone, defendants, on appeal of Jerome S. Breakstone, appellant.

Gen. No. 30,511.

Action for money had and received. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. C. S. Miller, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1925.

Reversed and remanded.

Opinion filed May 25, 1926.

Louis S. Cohn, for appellant.

No appearance for appellee.

Mr. Justice Gridley

delivered the opinion of the court.