#### Etta Walsh et al., trading as James Walsh and Company, Defendants in Error, v. George J. Cooke Company, Plaintiff in Error.

Gen. No. 19,655.

(Not to be reported in full.)

Abstract of the Decision.

Contracts, § 384 * -—when recovery -for hauling materials sustained hy the evidence. In an action to recover for hauling brickbats and cinders where there was a dispute as to whether the contract was to pay so much a load or a lump sum and also as to the amount of material hauled, held that a verdict for plaintiff was sustained by the evidence.

Error to the Municipal Court of Chicago; the Hon. Hosea W. Wells, Judge, presiding. Heard in this court at the October term, 1913.

Affirmed.

Opinion filed May 25, 1914.

Statement of the Case.

Action by Etta Walsh, Joseph Walsh and James Walsh, copartners trading as James Walsh and Company, against George J. Cooke Company, a corporation, to recover for hauling brickbats and cinders for defendant. Plaintiffs claimed that under the contract defendant agreed to pay $1.75 a load for hauling brickbats and $1 a load for the cinders, while defendant claimed that plaintiffs agreed to haul the- same for a lump sum of $40. From a judgment in favor of plaintiffs for $163.75, defendant brings error.

Harry A. Daugherty, for plaintiff in error.

L. E. Chipman, for defendants in error.

*

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

Mr. Presiding Justice Baker

delivered the opinion of the court.