First District.

#### Central Brewing Company, appellant, v. Columbia Malting Company, appellee.

Gen. No. 25,988.

Action to recover damages for failure to deliver goods. Judgment nil capiat. Appeal from the Municipal Court of Chicago; the Hon. Samuel H. Trude, Judge, presiding. Heard in this court at the March term, 1920.

Affirmed.

Opinion filed November 29, 1920.

Moses, Rosenthal & Kennedy, for appellant; Julius Moses and Henry Jackson Darby, of counsel.

Frederick A. Brown, for appellee; Henry H. Cole and E. Perry, of counsel.

Mr. Presiding Justice Holdom

delivered the opinion of the court.