#### Edward M. Weyer and John F. Tosney, trading as Weyer & Tosney Knitting Company, appellees, v. Nathan R. Siegel, trading as Gibralter Knitting Company, appellant.

Gen. No. 26,435.

Action for merchandise sold and delivered. Claim of set-off by defendant for damages for failure to deliver the balance of merchandise ordered. Judgment for plaintiffs on claim and against defendant on claim of set-off. Appeal from the Municipal Court of Chicago; the Hon. Frank H. Graham, Judge, presiding. Heard in .the Branch Appellate Court at the October term, 1920.

Affirmed.

Opinion filed October 4, 1921.

Maurice Alschuler, for appellant. Hoyne & O’Connor, for appellees.

Mr. Presiding Justice Gridley

delivered the opinion of the court.