#### David Wiener, trading as Wiener Lumber Company, Defendant in Error, v. American Coal and Supply Company, Plaintiff in Error.

Gen. No. 19,017.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Robert H. Scott, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1913.

Affirmed.

Opinion filed March 10, 1914.

Statement of the Case.

Action by David Wiener, trading as Wiener Lumber Company, against American Coal and Supply Company, a corporation, to recover the contract price of wood sold by plaintiff to defendant. The case was heard by the trial court without a jury. To reverse a judgment in favor of plaintiff, defendant prosecutes a writ of error.

Edward J. Kelley, for plaintiff in error.

Sorrenscheir, Berksor & Fishell, for defendant in error.

*

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

Mr. Justice Barres

delivered the opinion of the court.

*380Abstract of the Decision.

Sales, § 329 * —sufficiency of evidence. In an action for the contract price of wood sold by plaintiff to defendant, the defense being that the quality was not as represented and that the defendant was entitled to a deduction of the difference between the contract price and the market price of the wood delivered, a judgment in favor of plaintiff on conflicting evidence was sustained.