Gen. No. 23,108. (Not to be reported in full.)
Abstract of the Decision.
1. Corporations, § 322 * —when sale to corporation through officer shown. In an action to recover the purchase price of goods sold and delivered, evidence held to support a finding that the goods were purchased by one of defendant’s officers for defendant and not for himself individually, though he gave his personal check in payment.
2. Interest, § 18*—when account deemed liquidated. In an action to recover for the purchase price of goods where it is found that a check for the exact amount of the price was given by defendant immediately after the delivery, it is to be inferred that thé purchase price was due at the time of the sale and 'was, therefore, a liquidated account bearing interest from the date of the sale.
Appeal from the Municipal Court of Chicago; the Hon. Frank H. Graham, Judge, presiding.
Heard in the Branch Appellate Court at the March term, 1917.
Affirmed.
Opinion filed January 31, 1918.
Statement of the Case.
Action by Mendel Sachs, plaintiff, against Friedman Brothers & Lip sky Company, a corporation, defendant, to recover the purchase price of goods and merchandise claimed to have been sold defendant. From a judgment for plaintiff, defendant appeals.
Mancha Bruggemeyer, for appellant.
Jacob Levy and Josiah Burnham, for appellee.
Mr. Presiding Justice Barnes
delivered the opinion of the court.
*4283. Appeal and error, § 1165*—when contention not reviewed. The Appellate Court will not review a contention which is not made an issue by the pleadings and upon which it is not disclosed by the abstract that the court was called to rule by instructions or otherwise.