#### Chicago Iron & Metal Company, Plaintiff in Error, v. Jacob Berkson and Myer Berkson, trading as Berkson Bros., Defendants in Error.

Gen. No. 19,098.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Charles N. Gooditow, Judge, presiding.

Heard in this court at the March term, 1913.

Affirmed.

Opinion filed May 4, 1914.

Statement of the Case.

Replevin by Chicago Iron & Metal Company, a corporation, against Jacob Berkson and Myer Berkson, trading as Berkson Bros., to recover possession of certain scrap iron. To reverse a judgment in favor of defendant, plaintiff brings error.

Bernard Margolis, for plaintiff in error; J. S. McClure, of counsel.

Samuel J. Andalman, for defendants in error; Jacob Cohen, of counsel.

Abstract of the Decision.

Sales, § 361 * —when vendee cannot maintain replevin for goods," In replevin for scrap iron claimed to have been purchased of defendant, where plaintiff paid a certain sum on the contract and *195proceeded to remové the iron from defendant’s yards until he had removed a quantity which at the agreed price would have amounted to the sum paid, when he was stopped by the defendant from re-, moving any more iron, held that a verdict and judgment for defendant was proper, it appearing that the sale was a "spot cash” sale and that no goods were to be removed until paid for.

*

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

*194Mr. Justice McSurely

delivered the opinion of the court.