#### Martins-Leary Company, Inc., defendant in error, v. Lawrence Funk et al. Lawrence Funk, plaintiff in error.

Assumpsit to recover on open account. Judgment for plaintiff. Error to the Circuit Court of McLean county; the Hon. C. D. Myers, Hon. T. M. Harris and Hon. Sain Welty, Judges, presiding. Heard in this court at the April term, 1918.

Reversed and remanded.

Opinion filed October 22, 1918.

Sterling, Livingston & Whitmore, for plaintiff in error.

James L. Loar, for defendant in error.

Mr. Presiding Justice Eldredge

delivered the opinion of the court.