#### Adrian B. Cooper and Charles Cooper, trading as Cooper Brothers, Appellants, v. Brown-Danskin Company, Appellee.

(Not to be reported in full.)

Abstract of the Decision.

1. Contracts, § 177 * —how construed. A contract must be so construed as to carry out the intention of the transacting parties as expressed in the language used.

2. Exchange of property, § 1*—when inventory price of merchandise given in exchange for land deemed controlling. A contract for the sale of a stock of merchandise by the plaintiffs to the defendant and for the purchase by the plaintiffs from the defendant of land, the amount to be paid for the merchandise to be allowed as credit on the purchase price of the land, 'construed to *281mean that the defendant, after allowing a specified part of the purchase price of the stock of merchandise as credit on the land, was to pay to the plaintiffs in cash, on the execution of a bill of sale of the merchandise, the difference between such sum and the amount at which it was inventoried at the time of the transfer, and not the difference between such sum and the amount the defendant should realize from the sale of it.

*280Appeal from the Circuit Court of Macoupin county; the Hon. Frank W. Burton, Judge, presiding. Heard in this court at the October term, 1915.

Reversed with judgment here.

Opinion filed April 21, 1916.

Rehearing denied June 30, 1916.

Statement of the Case.

Action by Adrian E. Cooper and Charles Cooper, partners, trading as Cooper Brothers, plaintiffs, against the Brown-Danskin Company, a corporation, defendant, to recover a balance due on a sale of a stock of merchandise. From judgment for defendant, the plaintiffs appeal.

Edward C. Knotts ajid Victor Hemphill, for appellants.

James B. Searcy and B. O. Willard, for appellee.

*

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

Mr. Justice Graves

delivered the opinion of the court.