#### Western Iron Construction Company, Appellee, v. S. A. Sternfeld and Harry N. Sternfeld, Appellants.

Gen. No. 21,032.

(Not to be reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. Harry P. Dolan, Judge, presiding. Heard in this court at the March term, 1918.

Reversed with judgment of nil capiat and for costs.

Opinion filed July 1, 1918.

Statement of the Case.

Action by Western Iron Construction Company, a corporation, plaintiff, against S. A. Sternfeld and Harry N. ‘Sternfeld, defendants, to recover the contract price of 90 angle irons. From a judgment for plaintiff for $176.95, defendants appeal.

Stedman & Soelke, for appellants.

I. B. Perlman, for appellee.

*510Abstract of the Decision.

1. Sales, § 126 * — when delivery not shown. In an action to recover the purchase price of a certain number of angle irons, evidence held insufficient to show delivery of a portion of the irons by an expressman at the building at which defendants were working.

2. Sales, § 126* — wrfiat does not constitute delivery of angle irons to building contractors. The mere placing by an expressman of angle irons, for use in a building under construction, in the street alongside the curb, does not constitute a delivery to the contractors, if no one representing the latter received the irons or checked them up.

*

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

Mr. Justice Holdom

delivered the opinion of the court.