#### The United States Asphalt Refining Company, defendant in error, v. Henry G. Goelitz, plaintiff in error.

Gen. No. 29,154.

Suit to recover purchase price of merchandise sold. Judgment for plaintiff. Error to the Circuit Court of Cook county; the Hon. Claire C. Edwards, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.

Affirmed.

Opinion filed April 29, 1925.

George E. Woods, for plaintiff in error; Roy S. Gaskill, of counsel.

Newman, Poppenhusen, Stern & Johnston, for defendant in error; Edward R. Johnston, of counsel.

Mr. Justice Thomson

delivered the opinion of the court.