#### Elijah Anderson and John W. Anderson, Appellees v. A. P. Benjamin, Appellant.

(Not to be reported in full.)

Abstract of the Decision.

1. Sales, § 373 * —when evidence insufficient to show completed contract of sale. Evidence held insufficient to show a completed *559contract for the sale of hay so as to authorize the buyer to recover damages for nondelivery, where no time was fixed for delivery and payment and the seller only agreed to sell the hay provided he could get his son to bale it, and the hay was never baled and the buyer never made a demand for it or offered to pay for it.

*558Appeal from the County Court of McLean county; the Hon. Homes W. Hall, Judge, presiding. Heard in this court at the April term, 1914.

Reversed.

Opinion filed October 16, 1914.

Statement of the Case.

Action by Elijah Anderson and John W. Anderson against A. P. Benjamin to recover damages occasioned by the failure of defendant to deliver to plaintiffs a certain quantity of hay claimed to have been purchased by plaintiffs from defendant. The suit was originally brought before a justice of the peace and judgment was taken by default. Defendant appealed to the County Court and plaintiff recovered a judgment for fifty dollars. To reverse the judgment, defendant appeals.

Lester H. Martin and Wesley M. Owen, for appellant.

F. Y. Hamilton, for appellees.

*

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

Mr. Justice Scholfield

delivered the opinion of the court.

*5592. Sales, § 124*—when time for payment and delivery concurrent. Where contract is silent, the time of payment and delivery are to be concurrent.