#### The Gates Company, appellee, v. Armstrong Tire & Vulcanizing Company, appellant.

Gen. No. 26,947.

Action for goods delivered to defendant. Set-off claimed for sum paid before discovery that goods were not as ordered. Claim of set-off stricken a.nd judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Charles A. Williams, Judge, presiding. Heard in this court at the October term, 1921.

Matchett, J., dissenting.

Reversed and remanded.

Opinion filed June 26, 1922.

King, Brower & Hurlbut, for appellant. Mills & Howe, for appellee.

Mr. Presiding Justice Dever

delivered the opinion of the court.