#### C. E. Hoxworth, Appellant, v. Walter Kepple, Appellee.

(Not to be reported in full.)

Appeal from the County Court of McDonough county; the Hon. Conbad G. Gumbart, Judge, presiding.

Heard in this court at the April term, 1913.

Affirmed.

Opinion filed October 16, 1913.

Statement of the Case.

Action by C. E. Hoxworth against Walter Kepple to recover back money paid for hay on account of the hay being damaged and a mistake in measuring same and for breach of warranty for the quality thereof. Suit was commenced before a justice of the peace, where plaintiff recovered judgment.. Defendant then appealed to the County Court; where judgment was rendered in favor of defendant on a directed verdict, from which judgment plaintiff appeals.

*284Abstract of the Decision.

Auctions and auctioneers, § 6 * —when purchaser of hay at auction sale cannot complain of amount paid for. Where a person purchases hay at an auction sale at so much a ton, it being announced at the time of the sale that the hay had been measured by disinterested persons and that bidders not satisfied with such measurements would be given opportunity to remeasure the same, held that the purchaser cannot complain that he did not get the full amount paid for where he voluntarily settles for the hay after he had ample opportunity to ascertain the amount thereof before making payment.

Vose & Creel, for appellant.

Flack & Lawyer, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, same topic and section number.

Mr. Presiding Justice Philbrick

delivered the opinion of the court.