#### B. L. Saltzmann, appellee, v. F. J. Lewis Manufacturing Company, appellant.

Gen. No. 27,990.

Suit to recover sum paid for lumber sold and delivered by defendant, quality and quantity not being as represented, and for damages following, amounting in all to $5,000. Judgment for plaintiff for $1,798.59. Appeal from the Municipal Court of Chicago; the Hon. Henry M. Walker, Judge, presiding. Heard in the third division of this eourt for the first district at the October term, 1922.

Reversed and remanded.

Opinion filed December 26, 1923.

George E. Barrett and Charles V. Barrett, for appellant. Soelke & Johnson, for appellee; Alex Koehn, of counsel.

Mr. Justice O'Connor

delivered the opinion of the court.