#### Walgreen Company, appellee, v. Mark F. Madden and Michael S. Madden, copartners, trading as Madden Brothers, appellants.

Gen. No. 30,589.

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

Reversed and cause remanded.

Opinion filed June 23, 1926.

James V. O’Donnell and McKinley & Schmauch, for appellants; Walter W. Schmauch, of counsel.

Isaac B. Upson, for appellee.

Mr. Justice Thomson

delivered the opinion of the court.