#### Chicago Gravel Company, appellant, v. Commonwealth Improvement Company, appellee.

Gen. No. 27,044.

Action upon a contract for the sale of sand and gravel. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Asa G. Adams, Judge, presiding. Heard in this court at the October term, 1921.

Reversed and judgment here.

Opinion filed June 26, 1922.

Knapp & Campbell, for appellant; John R. Nicholson, of counsel. Arthur A. Sherrard, for appellee; Edward J. Lyons, of counsel.

Mr. Presiding Justice Dever

delivered the opinion of the court.