#### Michael Giamaria, appellee, v. Certified Ice Cream Company, appellant.

Gen. No. 30,742.

Action for breach of contract. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. John H. Marshall, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1925.

Reversed and remanded.

Opinion filed June 14, 1926.

Thompson, Tyrrell & Chambers, for appellant; Lavern W. Thompson, of counsel.

Beach & Beach, for appellee; Raymond W. Beach, of counsel.

Mr. Justice Johnston

delivered the opinion of the court.