#### Frank Cimino, appellant, v. Irwin Tucker and John Kokenes, trading as Tucker & Kokenes, appellees.

Gen. No. 30,401.

Action for goods sold and delivered, consolidated with counter action for damages for failure to accept purchased goods. Judgment for costs for defendants in first action. Appeal from the Municipal Court of Chicago; the Hon. Philip J. Finnegan, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1925.

Affirmed.

Opinion filed March 2, 1926.

Stewart Reed Brown, for appellant.

Baker, Holder & Schmidt, for appellees.

Mr. Presiding Justice

Matehett delivered the opinion of the court.