#### R. E. Abbott and T. C. Irwin, trading as Abbott-Irwin Coal Company, appellants, v. Joseph A. Krug, trading as Krug Brothers, appellee.

Gen. No. 27,984.

Action for balance due on sale of 13 cars of coal. Judgment for plaintiffs on admitted portion of debt, and for defendants on balance. Appeal from the Municipal Court of Chicago; the Hon. William N. Gemmill, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1922.

Reversed and cause remanded.

Opinion filed October 17, 1923.

Rehearing denied November 2, 1923.

Philip J. Maguire, for appellants; Charles R. Casler, of counsel. Harmpn, George & Gilbert, for appellee; Calvin M. George, of counsel.

Mr. Justice Thomson

delivered the opinion of the court.