#### Charles H. Brown Paint Company, Defendant in Error, v. C. A. Erickson & Brothers, Plaintif in Error.

Gen. No. 20,112.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Joseph S. La But, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1914.

Affirmed.

Opinion filed December 22, 1914.

Rehearing denied January 5, 1915.

Statement of the Case.

Action for merchandise sold and delivered by-Charles H. Brown Paint Company, a corporation, against C. A. Erickson & Brothers, a corporation. The affidavit of plaintiff showed a claim for $50.45, and defendant’s affidavit of merits stated that the claim was paid except a balance of $7.95, and that some of the material delivered was unfit for use, whereby the defendant sustained damages. From a judgment for the plaintiff, defendant brought error.

*187Abstract of the Decision.

1. Principal and agent, § 131 * —when payment to agent does not bind principal. Evidence of payments to an agent is inadmissible where the agent’s authority to receive payments is not shown.

2. Sales, § 401*-—when damages for breach of warranty are not shown. In an action for goods sold and delivered, where no actual damages are shown by reason of defective and unfit material, such defense is not established.

John E. Erickson, for plaintiff in error.

Baker & Holder, for defendant in error; W. W. Hoover, of counsel.

*

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

Mr. Justice Smith

delivered the opinion of the court.