#### Sinclair Refining Company, appellant, v. Joseph Pester, appellee.

Gen. No. 7,075.

Assumpsit to recover a balance due for merchandise sold and delivered. Judgment for defendant. Appeal from the Circuit Court of Lake county; the Hon. Perry L. Persons, Judge, presiding. Heard in this court at the April term, 1922.

Reversed and remanded.

Opinion filed October 25, 1922.

R. W. Churchill, for appellant. James G. Welch, for appellee.

Mr. Presiding Justice Jones

delivered the opinion of the court.