#### Speer Hardware Company, Appellee, v. Consolidated Adjustment Company, Appellant.

Gen. No. 21,997.

(Not to be reported in full.)

Abstract of the Decision.

Estoppel, § 89 * —when agent estopped to deny failure of principal to furnish proper accounts for collection. A collection agency which selects the accounts upon which it undertakes to guaranty collection cannot be heard to say in a suit against it based on such guaranty that plaintiff is in default as to the kind of accounts to be furnished by it.

Appeal from the Municipal Court of Chicago; the Hon. Dennis W. Sullivan, Judge, presiding. Heard in this court at the October term, 1915.

Affirmed.

Opinion filed March 7, 1916.

Statement of the Case.

Action by Speer Hardware Company, plaintiff, against Consolidated Adjustment Company, defendant, upon a guaranty in a contract whereby defendant undertook to collect certain accounts for plaintiff. From a judgment for plaintiff, defendant appeals.

The contract sued on was similar to that in Barstow Stove Co. v. Consolidated Adjustment Co., 175 Ill. App. 449.

Delavan B. Cole, for appellant; Adelor J. Petit, of counsel.

Henry & Robinson, for appellee.

*

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

Mr. Presiding Justice McSurely

delivered the opinion of the court.