#### Atlas Floor Company, Defendant in Error, v. Robert J. McLaughlin, Plaintiff in Error.

Gen. No. 19,420.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Henry C. Beitler, Judge, presiding. Heard in this court at the October term, 1913.

Affirmed.

Opinion filed May 25, 1914.

*242Abstract of the Decision.

Conteacts, § 315 * —when finding of want of existence- of warranty sustained, by the evidence. In an action to recover for labor and materials furnished in laying floors for defendant where defendant claimed the floors were to be according to sample and that they were inferior to sample, a finding that there was no such warranty express or implied, and that the defendant ordered them upon the advice of his architect and after his own independent investigation, held justified by the evidence.

Statement of the Case.

Action by Atlas Floor Company, a corporation, against Eobert J. McLaughlin to recover for labor and materials furnished in laying two floors in shops belonging to defendant. To reverse a judgment in favor of plaintiff, defendant brings error.

Lyman M. Paine, for plaintiff in error.

J. Scott Matthews, for defendant in error.

*

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

Mr. Justice McSurely

delivered the opinion of the court.