#### R. L. Fordyce et al., copartners, trading as Great Lakes Coal & Coke Company, appellants, v. Chicago Coal & Mining Company, appellee.

Gen. No. 29,060.

Action on contract for the purchase of coal. Judgment for the defendant. Appeal from the Municipal Court of Chicago; the Hon. Wells M. Cook, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1923.

Reversed and judgment here.

Thomson, J., specially concurring.

Opinion filed February 11, 1925.

Winston, Strawn & Shaw, for appellants; Frank H. Towner, of counsel.

Charles N. Goodnow, for appellee.

Mr. Justice Taylor

delivered the opinion of the court.