delivered the opinion of the court.
Gates Co. v. Armstrong Tire & Vulcanizing Co., 226 Ill. App. 633 (1922)
June 26, 1922
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Illinois Appellate Court
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Gen. No. 26,947
226 Ill. App. 633
The Gates Company, appellee, v. Armstrong Tire & Vulcanizing Company, appellant.
Gen. No. 26,947.
Action for goods delivered to defendant. Set-off claimed for sum paid before discovery that goods were not as ordered. Claim of set-off stricken a.nd judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Charles A. Williams, Judge, presiding. Heard in this court at the October term, 1921.
Matchett, J., dissenting.
Reversed and remanded.
Opinion filed June 26, 1922.
King, Brower & Hurlbut, for appellant. Mills & Howe, for appellee.