#### Faber-Musser Company, appellant, v. William E. Dee Clay Manufacturing Company, appellee.

Action for damages for breach of contract to deliver fire brick. Judgment for defendant. Appeal from the Circuit Court of Sangamon county; the Hon. Frank W. Burton, Judge, presiding. Heard in this court at the October term, 1921.

Reversed and remanded.

Opinion filed July 10, 1922.

Rehearing denied October 4, 1922.

B. D. Monroe and Arthur Keithley, for appellant. John M. Quin*619lan and Patton & Patton, for appellee; William L. Patton and Henry L. Patton, of counsel.

Mr. Justice Niehaus

delivered the opinion of the court.