#### Champion Milling & Grain Company, appellant, v. F. J. Simater, appellee.

Gen. No. 7,390.

Suit for merchandise sold. Judgment for defendant. Appeal from the County Court of Woodford county; the Hon. W. H. Poster, Judge, presiding. Heard in this court at the October term, 1924.

Affirmed.

Opinion filed March 27, 1925.

Rehearing denied April 28, 1925.

Port & Port, for appellant.

Ernest J. Henderson and Kennedy & Kennedy, for appellee.

Mr. Justice Jones

delivered the opinion of the court.