#### The Southwestern Milling Company, Inc., appellant, v. Frank G. Clark, appellee.

Gen. No. 29,054.

Action to recover damages for breach of contract for the sale of merchandise. Judgment for the defendant. Appeal from'the Circuit Court of Cook county; the Hon. Osear E. Heard, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1923.

Reversed and judgment for plaintiff entered here.

Opinion filed December 24, 1924.

Rehearing denied January 6, 1925.

James A. O’Callaghan, for appellant; Francis L. Brinkman, of counsel. David D. Stansbury, for appellee; Max Haleff, of counsel.

Mr. Justice Thomson

delivered the opinion of the court.