#### Joe Goorman and Charles Mann, individually and as copartners, trading as Goorman & Mann, appellee, v. Emporium Cloak & Suit Company, appellant.

Gen. No. 28,093.

Suit for difference between purchase price and market price of merchandise sold to defendant and resold by plaintiff after defendant’s refusal to accept and pay for it. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Joel C. Fitch, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1922.

Affirmed.

Opinion filed December 10, 1923.

Eisendrath & Solomon, for appellant. Pennish & Rashbaum, for appellee; F. D. Shobe, of counsel.

Mr. Justice Johnston

delivered the opinion of the court.