#### William Guenther, trading as Guenther Transfer & Supply Company and Guenther Transfer & Coal Company, appellee, v. John A. Miller, appellant.

Gen. No. 26,548.

Action for the purchase price of a carload of cabbages. Defendant pleaded, as set-off or counterclaim, damages resulting from plaintiff’s failure to deliver another carload. Defendant’s claim of set-off stricken. Judgment for plaintiff on a directed verdict. Appeal from the Municipal Court of Chicago; the Hon. William N. Gemmill, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1920.

Reversed and remanded with directions.

Opinion filed November 1, 1921.

Clyde O. Colwell and Walter E. Moss, for appellant. No appearance for appellee.

Mr. Justice Morrill

delivered the opinion of the court.