Appellate Court of Illinois October 8, 1908, Gen. No. 13,971 (Northwestern Fuel Co. v. Western Fuel Co.)

Mr. Justice Holdom

delivered the opinion of the court.

This action is indebitatus assumpsit, and the issues rest on the common counts with a bill of particulars filed by plaintiff and the general issue filed by defendant, with a plea of tender of $288.91 before suit and a replication denying tender. The trial was before the learned trial judge, the parties having waived a jury.