#### Horace E. Havens, appellee, v. American Cotton Oil Company, appellant.

Gen. No. 28,314.

Action for breaeh of contract of sale of tank of pressed Soya bean oil. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. David M. Brothers, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1923.

Reversed and cause remanded.

Opinion filed December 10, 1923.

Davis, Ramsay, Kelly & Kracke, for appellant; Brode B. Davis and Edmund P. Kelly, of counsel. No appearance for appellee.

Mr. Justice Johnston

delivered the opinion of the court.