First District.

#### E. F. Drew & Company, Inc., appellant, v. Walter R. Kirk, appellee.

Gen. No. 24,593.

Action to recover damages for nondelivery of goods purchased. Judgment in favor of defendant. Appeal from the Circuit Court of Cook county; the Hon. Edward M. Mangan, Judge, presiding. Heard in this court at the October term, 1918.

Reversed and remanded.

Opinion filed April 7, 1919.

Lyman, Adams & Bishop, for appellant; Howard F. Bishop, of counsel. Aaron R. Eppstein and Joseph J. Sullivan, for appellee; Aaron R. Eppstein, of counsel.

Mr. Presiding Justice Dever

delivered the opinion of the court.