#### Morand Brothers, Appellee, v. Clyde R. Bates, trading as the Blackstone Buffet, Appellant.

Gen. No. 23,176.

(Not to he reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. Leo J. Doyle, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1917.

Reversed.

Opinion filed November 30, 1917.

Statement of the Case.

Action by Morand Brothers, a corporation, plaintiff, against Clyde B. Bates, trading as the Blackstone Buffet, defendant, for goods sold and delivered. From a judgment for plaintiff for $56.42, defendant appeals.

Bither & Goff, for appellant.

No appearance for appellee.

*256Abstract of the Decision.

Sales, § 329 * —when evidence insufficient to show purchase on account of defendant. In an action for goods sold and delivered, evidence held insufficient to show that defendant was the proprietor of the saloon for whmh they were purchased or that they were purchased on his account.

*

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

Mr. Presiding Justice Goodwin

delivered the opinion of the court.