#### McNeil & Higgins Company, Appellant, v. Greer College, Appellee.

(Not to be reported in full.)

Appeal from the Circuit Court of Vermilion county; the Hon. Augustus A. Pabtlow, Judge, presiding. Heard in this court at the October term, 1916.

Affirmed.

Opinion filed April 16, 1917.

Rehearing denied July 2, 1917.

Statement of the Case.

Action by McNeil & Higgins Company, a corporation, plaintiff, against Greer College, a corporation, defendant, to recover on account for groceries sold to one E. L. Bailey, who was running such college for his personal profit, and styled himself as “President.” From a judgment for defendant, plaintiff appeals.

Oliver D. Mann and Acton & Acton, for appellant.

Walter T. Gunn and Jay Briggs, for appellee.

*534Abstract of the Decision.

Colleges and universities—■when college is not liable for goods sold to person running institution for personal profit. In an action against a college on a note for groceries sold to the self-styled president, who ran a dining hall in connection with the institution and ran the college under an arrangement with the trustees, who kept' the buildings in repair and charged no rent and allowed defendant the profits made and a certain sum out of the endowment fund, where it appeared that the trustees did not know of the extension of credit to defendant until after payments became delinquent, or of his ordering goods as president of the institution until after suit was brought on the note of such president and there was no proof that such president was allowed to buy anything on the credit of the college, held that a verdict for defendant was properly directed.

Mr. Justice Graves

delivered the opinion of the court.