#### Otto F. Raschke, Appellee, v. William F. Klemp, Appellant.

Gen. No. 18,937.

(Not to be reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. Hosea W. Wells, Judge, presiding. Heard in this court at the October term, 1912.

Affirmed.

Opinion filed May 25, 1914.

Statement of the Case.

Action by Otto F. Raschke against William F. *214Klemp to recover a balance claimed to be due for erecting certain steel poles to carry electricity transmission •wires and also for extra work. The claim was for $1,648.85. The work was originally let to the defendant by the Sanitary District of Chicago and defendant sublet the work to plaintiff. Defendant set up as a recoupment a claim for the cost of altering, repairing and finishing defective work done in making the job comply with the contract. From a judgment in favor of plaintiff for $1,579.51, after requiring a remittitur of $69.34, defendant appeals.

Abstract of the Decision.

Contracts, § 384 * —when recovery for worJc sustained by the evidence, In an action for work done in erecting certain poles for electric transmission wires and for extra work under a contract by which defendant relet the work to plaintiff, a recovery for plaintiff held sustained by the evidence.

Caswell & Healy, for appellant.

Edward R. Litzinger, for appellee.

*

See Illinois Notes Digest, Yols. XI to XV, and. Cumulative Quarterly, same topic and section number.

Mr. Justice Brown

delivered the opinion of the court.