#### Loeb & Schoenfeld Company, appellee, v. S. I. Friedman, trading as Lyons Manufacturing Company of Chicago, appellant.

Gen. No. 28,434.

Suit for price of merchandise sold and delivered. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. William N. Gemmill, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1923.

Affirmed with damages.

Opinion filed December 24, 1923.

Benjamin E. Cohen, for appellant. Rosenthal, Hamill & Wormser, for appellee; Charles H. Hamill and Herman L. Ellsworth, of counsel.

Mr. Justice McSurely

delivered the opinion of the court.