O. W. Richardson & Company, Appellant, v. Edward Steinfort and Richard Steinfort, Appellees.

(Not to be reported in full.)

Abstract of the Decision.

Sales, § 157 * —when evidence sufficient to show failure to malee delivery. Evidence held sufficient to warrant the finding that the goods in question sold by plaintiff to defendants were to be delivered at a certain town and were not delivered to the railroad carrier and consigned to defendants unconditionally.

Appeal from the Circuit Court of Jasper county; the Hon. William B. Weight, Judge, presiding. Heard in this- court at the October term, 1916.

Affirmed.

Opinion filed April 13, 1917.

Statement of the Case.

Action by O. W. Richardson & Company, plaintiff, against Edward Steinfort and Richard Steinfort, defendants, to recover the purchase price of certain rugsT From a judgment for defendants, plaintiff appeals.

Isley, Jack & Isley, for appellant.

Davidson & Fithian, for appellees.

Mr. Presiding Justice McBride

delivered the opinion of the court.