Miller & Pardee, Inc., appellant, v. Charles A. Pardee, appellee.

Gen. No. 30,690.

Action for money had and received. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Theodore F. Ehler, Judge, presiding. Heard in the third division of this court for *603the first district at the October term, 1925.

Reversed.

Opinion filed October 13, 1926.

Rehearing denied and opinion slightly modified November 18, 1926.

Zane, Morse & Norman, for appellant; Walter Wm. Pearson, of counsel. Paul O’Donnell, for appellee.

Mr. Presiding Justice Taylor

delivered the opinion of the court.