#### E. C. Stearns Company, plaintiff in error, v. Harry A. Smith, defendant in error.

Gen. No. 25,872.

Action for an instalment due under a written contract for the purchase of typewriter parts. Judgment for defendant. Error to the Circuit Court of Cook county; the Hon. David M. Brothers, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1920.

Reversed and judgment here with finding of fact.

Opinion filed October 5, 1921.

Bradley, Kearns & Farrell, for plaintiff in error;, Thomas E. D. Bradley and Edward J. Farrell, of counsel. Robert E. Turney, for defendant in error.

Mr. Justice Taylor

delivered the opinion of the court.