#### Federal Coal Company, appellee, v. Peerless Coal Company, appellant.

Gen. No. 29,572.

Action to recover balance due for merchandise sold and delivered. Judgment for plaintiff. Appeal from the Municipal Court of. Chicago; the Hon. R. V. Carpenter, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1924.

Reversed and remanded.

Opinion filed October 28, 1925.

Wyman, Hopkins, McKeever & Colbert, for appellant; W. M. Hopkins and Austin. L. Wyman, of counsel.

Defrees, Buckingham & Eaton, for appellee; Wilfred M. Doherty, of counsel.

Mr, Justice O ’Connor

delivered the opinion of the court.