McDonald v. Western Tube Co.

Mr. Presiding Justice Gary

on petition for rehearing.

The petition says “ the court erroneously assumes that witnesses on the side of the appellant testified that the goods * * * were sold by the appellee to the Globe Steam Heating Company.”

The original brief of the appellee says, speaking of witnesses for the appellant, “ swore to the purchase of goods by that firm,” and the abstract states some of the testimony thus:

“ This (the note sued upon) is the renewal of a note that was given eight or nine months previous to this for a lot of goods that were ordered.”

“ The former note was given to the…