#### Fifth Avenue Library Society, Defendant in Error, v. J. A. Cavanaugh, Plaintiif in Error.

Gen. No. 19,180.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Joseph S. LaBuy, Judge, presiding.

Heard in this court at the March term, 1913.

Affirmed.

Opinion filed May 4, 1914.

Statement of the Case.

Action by Fifth Avenue Library Society, a corporation, against Dr. J. A. Cavanaugh to recover an amount due on a written contract for the purchase of books. To reverse a judgment in favor of plaintiff, defendant brings error.

Benjamin F. J. Odell, for plaintiff in error.

Bell & Cross, for defendant in error.

Abstract of the Decision.

1. Assignments, § 30 * —who may sue when demand arising under a contract is assigned. Where a claim for a sum due on a written contract for the purchase of books has been assigned, an action may be maintained on such claim either by the original party or by the assignee.

2. Depositions, § 40 * —when objections to answers must be made. Where an objection to an answer to an interrogatory in a deposition could have been obviated by issuing a new commission and re-examining the witnesses, such objection must be made by motion to suppress before the trial, and it is too late to object to the testimony at the trial.

3. Sales, § 328 * —questions of fact. In an action to recover a sum due on a written contract for the purchase of books, the question whether the books delivered corresponded with the sample shown held to be a question of fact on which the finding of the court on the evidence was conclusive.

*

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

Mr. Presiding Justice Baker

delivered the opinion of the court.