#### Frank Lopata, Appellee, v. John Jaros, Appellant.

Gen. No. 23,909.

(Not to he reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. Edwabd T. Wade, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.

Affirmed.

Opinion filed July 10, 1918.

Statement of the Case.

Action by Frank Lopata, plaintiff, against John Jaros, defendant, to recover a balance claimed to be due for goods sold and delivered. From a judgment for plaintiff for $480.86, defendant appeals.

Edward J. Herdlicka, for appellant.

*547Abstract of the Decision.

Saxes, § 329 * — when evidence supports verdict in action for balance of purchase price. In an action to recover a balance claimed to be due for goods sold and delivered, evidence held sufficient to support a verdict for plaintiff.

Ryan & Lewis, for appellee.

*

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

Mr. Presiding Justice O’Connor

delivered the opinion of the court.