#### A. Daigger & Company, appellant, v. Illinois Smelting & Refining Company, appellee.

Gen. No. 26,491.

Opinion filed June 13, 1921.

Rehearing denied June 27, 1921.

Moses, Rosenthal & Kennedy, for appellant; Hamilton Moses and Robert Baehrach, of counsel. Andalman & Cohen, for appellee.

Mr. Justice MeSurely

delivered the opinion of the court.

Action for breach of contract to sell to plaintiff a certain quantity of nitrate of soda and for return of a money deposit. Judgment for defendant on its claim of set-off. Appeal from the Municipal Court .of Chicago; the Hon. William N. Gemmill, Judge, presiding. Heard in this court at' the October term, 1920. Affirmed upon remittitur.