
    Bernard Press, appellee, v. Fidelity Trust & Savings Bank, appellant.
    Gen. No. 31,757.
    Assumpsit for money deposited in escrow as earnest money on realty purchase contract. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. David M. Brothers, Judge, presiding.
    Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 10, 1927.
    Gustav E. Beerly, for appellant; Dwight A. Pomeroy, of counsel.
    Joseph Rosenberg and Benjamin Rosenberg, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.  