Getz v. Thomson & Burton Co.

Mr. Presiding Justice Smith

delivered tlie opinion of the court.

This was a suit brought to recover a balance due on a purchase by the defendant, here plaintiff in error, of eleven cars of coal from the Crawford Coal Co., who assigned its claim to the plaintiff below. On a hearing without a jury the court found the issues for the plaintiff and entered judgment on the finding against the defendant for one thousand dollars.

The defendant ordered ten cars of Brazil Block Lump coal and one car of Indiana Block, lower vein, coal at a price of two dollars per ton. The evidence on the part of the…