#### Henry Horner & Company, appellee, v. Gaetano Passini, appellant.

Action for the price of a carload of grapes shipped C. O. D. to defendant and refused by him. Judgment for plaintiff. Appeal from the Circuit Court of Christian county; the Hon. William' B. Wright, Judge, presiding. Heard in this court at the October term, 1921.

Reversed and remanded.

Opinion filed April 22, 1922.

W. S. Greer and McDavid, Monroe & Hershey, for appellant. John E. Hogan and Leal W. Reese, for appellee.

Mr. Justice Niehaus

delivered the opinion of the court.