#### Leviton Lumber Company, Plaintiff in Error, v. Henry Levy, Defendant in Error.

Gen. No. 20,723.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Joseph S. La Buy, Judge, presiding.

Heard in this court at the October term, 1914.

Reversed and judgment in this court.

Opinion filed November 1, 1915.

Statement of the Case.

Action by Leviton Lumber Company, a corporation, plaintiff, against Henry Levy, defendant. This case grew out of the contract involved in Rothbaum & Astrahan v. Levy, ante, p. —, and was consolidated for hearing with the latter case. Judgment of the lower court for defendant was reversed and entered for plaintiff.

I. B. Perlman, for plaintiff in error; M. A. Milkewitch, of counsel.

Harry H. Levy, for defendant in error.

Mr. Presiding Justice McSurely

delivered the opinion of the court.