#### Greek-American Sponge Company, Appellee, v. B. Van Buren, Appellant.

Gen. No. 23,169.

(Not to ¡be reported in full.)

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

Affirmed.

Opinion filed November 30, 1917.

Rehearing denied December 12, 1917.

Statement of the Case.

Action for.goods sold and delivered by the G-reek-American Sponge Company, a corporation, plaintiff, against B. Van Burén, defendant. From a judgment for plaintiff for $369.89, defendant appeals.

Rathje & Weseman, for appellant.

*255Abstract of the Decision.

1. Appeal and erbob, § 1411 * -—when judgment for plaintiff not disturbed. In an action for goods sold and delivered, where the evidence, while conflicting, is sufficient to support it, a judgment for plaintiff will not he disturbed.

2. Evidence, § 67*—when properly excluded. It is not error to refuse to admit evidence which does not tend to prove any issue in dispute.

3. Sales, § 329*—when evidence supports verdict for plaintiff. In an action for goods sold and delivered, evidence held to support a verdict for plaintiff.

Elbert C. Ferguson, for appellee.

*

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.