#### R. Jame, trading as Julian Dress Company, appellee, v. Samuel Eiseman & Company, appellant.

Gen. No. 27,404,

Action for breach of contract of sale, defendant having failed to deliver goods ordered, alleging nonaeeeptanee of terms of payment offered, and sale of the goods elsewhere before plaintiff offered to pay cash. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Asa G. Adams, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1921.

Reversed.

Opinion filed February 16, 1923.

Beckman, Olson & Phillips, for appellant; Albert O. Olson, of counsel. Adolph Marks, for appellee.

Mr. Presiding Justice Thomson

delivered the opinion of the court.