#### Morris Chainowitz, Appellant, v. Stanley Formanek, Appellee.

Gen. No. 21,891.

(Not to be reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. John Stelk, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1915.

Affirmed.

Opinion filed December 19, 1916.

Statement of the Case.

Action in replevin by Morris Chainowitz, plaintiff, against Stanley Formanek, defendant. From a judgment for defendant, plaintiff appeals.

Saltier & Rossen, for appellant.

John J. Moser, for appellee.

Abstract of the Decision.

Replevin, § 17*—when action will not lie. In an action of replevin where the plaintiff based his claim on an alleged sale of the goods in question by the defendant through the agency of the lat-*268tor’s wife, and the evidence showed that the defendant repudiated the alleged arrangements, never received the purchase price and never parted with possession of the goods, held that a judgment for the defendant was proper.

*267Mr. Presiding Justice Barnes

delivered the opinion of the court.