#### Gustav Baseleon, Appellee, v. M. M. Baker & Company, Appellant.

Gen. No. 5,793.

(Not to be reported in full.)

Abstract of the Decision.

1. Automobiles and garages, § 4 * —when evidence shows breach of warranty. In an action for breach of a warranty of contract for the sale of an automobile, evidence held sufficient to sustain finding of jury that the machine was purchased of defendant and that the car was defective and not as warranted.

2. Sales, § 55*—when separate instruments constitute contract. A written order for the sale of an automobile signed by the' seller and a written instrument concerning the equipages signed by the buyer, held to constitute the contract.

3. Contracts, § 50*—separate instruments. Two instruments may be executed as a part of the same transaction and agreement and must be read and construed as one instrument.

4. Contracts, § 50*—separate instruments. When a contract makes another contract or writing a part of it, the two are to be construed together.

Appeal from the County Court of Peoria county; the Hon. Arthur M. Ottman, Judge, presiding. Heard in this court at the April term, 1913.

Affirmed.

Opinion filed August 2, 1913.

Statement of the Case.

Action by Gustav Baseleon against M. M. Baker & Company, a corporation, to recover for a breach of warranty in a contract for the sale of an automobile. From a judgment in favor of plaintiff for four hundred dollars, defendant appeals.

Stevens, Miller & Elliott, for appellant.

Nathan H. Weiss, for appellee.

*

See Illinois Notes Digest, Veis. XI to XIV, same topic and section number.

Mr. Justice Carnes

delivered the opinion of the court.