#### Crescent Fuel Company, Defendant in Error, v. David Bernstein and Lena Bernstein, Plaintiffs in Error.

Gen. No. 20,180.

(Not to be reported in full.)

Abstract of the Decision.

Judgment, § 190 * —when judgment against■ coparty erroneous. In an action for goods sold and delivered, a judgment against, two defendants is erroneous where there was no evidence showing the indebtedness of one of such. defendants.

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.

Reversed and remanded.

Opinion filed January 5, 1915.

Statement of the Case.

Suit by Crescent Fuel Company against David Bernstein and Lena Bernstein to recover for coal sold and •delivered. The case was tried before the court without a jury and plaintiff recovered a judgment of $120.20, whereupon the defendants brought error.

Aaron Soble, for plaintiffs in error.

Deming & Jarrett, for defendant in error.

*

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

Mr. Justice Smith

delivered the opinion of the court.