delivered the opinion of the court.
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.
delivered the opinion of the court.