#### H. Kalven, Appellee, v. Isaac Stein, Appellant.

Gen. No. 22,729.

(Not to be reported in full.)

Abstract of the Decision.

1. Sales, § 373 * —when evidence is sufficient to show sale of goods to he paid for after delivery and checking. Evidence held sufficient to warrant the finding that defendant agreed to sell to plaintiff a certain quantity of goods at a certain price per dozen, to be paid for when delivered and “checked up,” in an action to recover damages for breach of such agreement.

2. Sales, § 160*—when tender of payment must he made. Where defendant agreed to sell plaintiff a certain quantity of goods at a certain price per dozen, to be paid for when delivered and counted, held that plaintiff was not bound to make tender of payment until the goods were delivered and counted. .

Appeal from the Municipal Court of Chicago; the Hon. Arnold Heap, Judge, presiding. Heard in this court at the October term, 1916.

Affirmed.

Opinion filed March 26, 1917.

Statement of the Case.

Action by H. Kalven, plaintiff, against Isaac Stein, defendant, to recover damages for breach of defendant’s contract to sell plaintiff a quantity of men’s underwear. From a judgment for plaintiff for $148.75, defendant appeals.

Delbert A. Clithero, for appellant.

M. L. Carmody, for appelleee.

*

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.