#### George E. Ford, Defendant in Error, v. M. Piowaty & Sons, Plaintiff in Error.

Gen. No. 21,112.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. John Courtney, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1915.

Reversed and remanded.

Opinion filed January 11, 1916.

Rehearing denied January 25, 1916.

Statement of the Case.

Action by George E. Ford, plaintiff, against M. Piowaty & Sons, a corporation, defendant, to recover *418the purchase price of goods sold and delivered at the defendant’s special instance and request. On judgment for plaintiff, defendant brings error.

Abstract of the Decision.

1. Appeal and error, § 1470 * —when receipt of secondary evidence without laying proper foundation reversible error. In an action for goods sold and delivered, held that the receipt of secondary evidence over objections thereto, without laying a proper foundation therefor was reversible error.

2. Sales, § 329 * —when evidence insufficient to sustain verdict. In an action for goods sold and delivered, evidence which merely tends to show that a deal was made by the plaintiff with a party whom the plaintiff claims was an officer or agent of the defendant, supplemented by evidence of the contents of a check purporting to come from the defendant without adequate proof of notice to produce the original, and of a letter purporting to come from the defendant without adequate proof either that it came from or was authorized by the defendant, and of certain inclosures therewith that were incompetent without adequate proof of the letter itself, is insufficient to sustain a judgment for the plaintiff.

Sabath, Stafford & Sabath, for plaintiff in error.-

Stewart Reed Brown, for defendant in error.

*

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

Mr. Justice Barnes

delivered the opinion of the court.