#### Cable Lumber Company, Appellee, v. Thomas Mack, Appellant.

Gen. No. 23,876.

(Not to be reported in full.)

Abstract of the Decision.

1. Sales, § 329 * —when delivery and promise of payment shown. In an action to recover the purchase price of lumber claimed to have been sold to defendant, the evidence of plaintiff’s salesman that he sold the lumber to defendant, presented a bill to defendant and that defendant promised him to pay it, and evidence of promises made to the president of defendant and to a lawyer to pay the bill, were sufficient to show delivery and promise of payment.

2. Appeal and error, § 1772*—when error not ground for reversal. Where substantial justice has been done by a judgment, it will not be reversed because of slight unprejudicial errors.

Appeal from the Municipal Court of Chicago; the Hon. Arnold Heap, Judge, presiding.

Heard in this court at the October term, 1917.

Affirmed.

Opinion filed March 25, 1918.

Statement of the Case.

Action by Cable Lumber Company, a corporation, plaintiff, against Thomas Mack, defendant, to recover for a bill for lumber. From a judgment for plaintiff for $92, defendant appeals.

L. C. Thesen, for appellant.

Harry L. Solomon and Joseph H. Landes, for appellee.

*

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

Mr. Presiding Justice Holdom

delivered the opinion of the court.