#### A. Klipstein & Company, appellant, v. Charles T. Morrissey, trading as Charles T. Morrissey & Company, appellee.

Gen. No. 27,407.

Suit for price of goods supplied. Plea of set-off on ground said goods were unfit for use. Allegation of promise by defendant to make loss good if plaintiff failed to, recover from railway company. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Theodore T. Ehler, Judge, presiding. Heard in the Branch Appellate Court at the October ¿term, 1921.

Reversed.

Opinion filed February 16, 1923.

Hoyne & O.’Connor, for appellant. Charles W. Stiefel, for appellee.

Mr. Justice Taylor

delivered the opinion of the court.