delivered the opinion of the court.
McMurray v. M. George & Co., 189 Ill. App. 182 (1914)
Oct. 13, 1914
·
Illinois Appellate Court
·
Gen. No. 19,600
189 Ill. App. 182
William McMurray et al., trading as the Bank of Big Wells, Texas, Defendants in Error, v. M. George and Company, Plaintiff in Error, and National Produce Bank of Chicago.
Gen. No. 19,600.
(Not to be reported in full.)
Error to the Municipal Court of Chicago; the Hon. Henry C. Beitler, Judge, presiding. Heard in this court at the October term, 1913.
Affirmed.
Opinion filed October 13, 1914.
*183Abstract of the Decision.
Sales, § 329 * —when judgment for purchase price sustained by the evidence. In an action for the purchase price of onions claimed by the plaintiff to have been purchased by an agent of defendant at a shipping point in Texas, and claimed by defendant to have been ordered on the theory of a "'consignment for sale,” a judgment in favor of plaintiff held sustained by the evidence.
Statement of the Case.
Action by William McMurray, F. F. Petty and J. E. Franklin, trading as the Bank of Big Wells, Texas, against M. George and Company, a corporation, and National Produce Bank of Chicago, a corporation, to recover the purchase price of onions claimed to have been purchased by an agent of M. George and Company at a shipping point in Texas. The plaintiff sued as an assignee of the seller. On trial without a jury the suit was dismissed as to the defendant National Produce Bank of Chicago, and a judgment was entered in favor of plaintiff for $822.50. To reverse the judgment, the defendant M. George and Company prosecute a writ of error.
Fred H. Atwood, Frank B. Please, Charles O. Loucks and Vernon R. Loucks, for plaintiff in error ; Harold L. Reeve, of counsel.
Mather & Hutson, for defendants in error; William. A. Sheehan, of counsel.