#### Wisconsin Iron and Wire Works, Defendant in Error, v. George W. Stiles Construction Company, Plaintiff in Error.

Gen. No. 19,470.

(Not to be reported in full.)

Abstract of the Decision.

Sales, § 329 * —when evidence insufficient to sustain a recovery ■for the amount sued for. In an action to recover $71.30 claimed to he a balance due for ornamental iron work furnished to defendant, where plaintiff’s prima facie case was waived, and defendant introduced in evidence letters of plaintiff showing that plaintiff had credited the account with items amounting to $12.50, held that a judgment in favor of plaintiff for the amount sued for could not he sustained, and the judgment was affirmed on condition of remittitur of $12.50.

Error to the Municipal Court of Chicago; the Hon. Joseph S. LaBuy, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913.

Affirmed on remittitur.

Opinion filed May 19, 1914.

Statement of the Case.

Action brought in the Municipal Court of Chicago by Wisconsin Iron and Wire Works, a corporation, against George W. Stiles Construction Company, a corporation, to recover $71.30, claimed to be a balance due on a contract for the furnishing by the plaintiff to the defendant of certain ornamental iron work for a post office. Proof of plaintiff’s prima facie case was waived on the trial. To reverse a judgment in favor of plaintiff for the amount sued for, defendant brings error.

Sheriff, Dent, Dobyns & Freeman, for plaintiff in error.

Henry M. Hagan, for defendant in erorr.

*

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

Mr. Presiding Justice Smith

delivered the opinion of the court.