#### Sam W. Sincere, appellee, v. Springfield Produce Company, appellant.

Suit for damages for failure to accept certain barrels of apples claimed to be sold. Judgment for plaintiff. Appeal from the Circuit Court of Sangamon county; the Hon. E. S. Smith, Judge, presiding. Heard in this court at the October term, 1922.

Affirmed.

Opinion filed January 17, 1923.

Rehearing denied April 3, 1923.

C. F. Mortimer, John G. Friedmeyer and Osear J. Putting, for appellant. Lawrence T. Allen and Sampson & Griffin, for appellee.

Mr. Justice Heard

delivered the opinion of the court.