#### L. Fish Furniture Company, Appellant, v. Charles R. Horrie, trading as Randolph Market & Grocery, Appellee.

Gen. No. 19,262.

(Not to be reported in full.)

Appeal from the County Court of Cook county; the Hon. Isaac Hudson, Judge, presiding.

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

Reversed and remanded.

Opinion filed April 21, 1914.

Statement of the Case.

Action by L. Fish Furniture Company, a corporation against Charles B. Horrie, trading as Bandolph Market & Grocery, to recover an amount claimed to be due from defendant for a quantity of trading *65stamps. From a judgment in favor' of defendant, plaintiff appeals.

Friedman & Ader, for appellant.

Morris & Schusterman and Henry J. Gibbs, for appellee.

Abstract of the Decision. Sales, § 332 * —when verdict for defendant in action for price of trading stamps cannot he sustained. In an action to recover a sum claimed to be due for trading stamps, a special notice of defense attached to the plea of the general issue and the affidavit of merits stated that “defendant would give in evidence and offer to prove that he has never refused to pay plaintiff according to the terms of said contract and that he now does offer the said plaintiff the sum of one hundred and forty-five dollars, being the amount due,” etc. Held that a judgment entered on a verdict for defendant could not be sustained, the plaintiff having admitted a sum to be due, and the alleged tender not being kept good by payment of the money into court or by an offer of it in open court or otherwise.

*

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

Mr. Justice Clark

delivered the opinion of the court.