#### Fred Schenck, Appellee, v. Midland Lumber Company, Appellant.

(Not to be reported in full.)

Abstract of the Decision.

I.* 1 Appeal and error, § 1778 * —when judgment on finding tosed upon conflicting evidence will not te reversed. In an action to recover damages for breach of contract, where the evidence is conflicting, the judgment will not be reversed unless the finding of the jury was manifestly contrary to the weight of the evidence.

2. Sales, § 401*—when evidence supports verdict for plaintiff in action for treaeh of contract. In an action to recover damages for a breach of contract, evidence held sufficient to support a verdict for plaintiff.

Appeal from the Circuit Court of Piatt county; the Hon. George A. Sentel, Judge, presiding. Heard in this court at the April term, 1917.

Affirmed.

Opinion filed October 11, 1917.

Statement of the Case.

Action by Fred Schenck, plaintiff, against 'the Midland Lumber Company, defendant, to recover damages for a breach of warranty in a contract of sale of building material. From a verdict and judgment for plaintiff for $375, defendant appeals.

J. L. Hicks, for appellant.

William A. Doss and F. M. Shonkwiler, for appellee.

*

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

Mr. Presiding Justice Graves

delivered the opinion of the court.