#### Hillman’s, Appellee, v. Israel Lazovsky, Appellant.

Gen. No. 23,201. (Not to be reported in full.)

Abstract of the Decision.

Contracts, § 203 * —what constitutes severable contract. Where a carpet is ordered at a certain price per yard and a certain price per yard for laying it, the agreement of purchase and that for laying the carpet are severable, and where delivery is made at the purchaser’s building with his knowledge, the title to the carpet passes to him and he becomes liable for the purchase price even though the carpet is stolen before it is laid.

Appeal from the Municipal Court of Chicago; the Hon. Howard Hates, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1917.

Affirmed.

Opinion filed January 31, 1918.

Statement of the Case.

Action by Hillman’s, a corporation, plaintiff, against Israel Lazovsky, defendant, to recover for goods sold and delivered. From a judgment for plaintiff for $77.75, defendant appeals.

Harry Gr. Wexler, for appellant.

Johnson, Paltzer & O’Donnell, for appellee; Paul O’Donnell, of counsel.

*

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

Mr. Justice Matchett

delivered the opinion of the court.