#### Jacob Cohn, trading as Chicago Bonnet & Hat Frame Company, Appellee, v. Carlowitz & Company, Appellants.

Gen. No. 21,367.

(Not to be reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. Hosea W. Wells, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1915.

Reversed with finding of fact.

Opinion filed October 10, 1916.

Statement of the Case.

Action by Jacob Cohn, trading as Chicago Bonnet & Hat Frame Company, plaintiff, against Carlowitz & Company, a copartnership, defendants, to recover *444damages for nondelivery of goods under an alleged contract of sale. From a judgment for plaintiff, defendants appeal.

Abstract of the Decision.

Sales, § 1 * —when evidence insufficient to show contract of sale. In an action for damages for nondelivery of goods to the plaintiff under an alleged contract of sale executed by the defendants, evidence held to show that the plaintiff’s order was not accepted by the defendants and the defendants’ counter proposition was not accepted by the plaintiff, and that no contract existed between the parties.

Ernest R. Finer, for appellants; Jennings & Finer, of counsel.

Pines & Newmann, for appellee; Robert S. Kolliner, of counsel.

*

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

Mr. Presiding Justice Barnes delivered

the opinion of the court.