#### George W. Reddig et al., Copartners, trading as Reddig Company, Defendants in Error, v. Norman Friedenwald, Plaintiff in Error.

Gen. No. 19,493.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Habby M. Fisiieb, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1914.

Affirmed.

Opinion filed December 31, 1914.

Statement of the Case.

Action by George W. Reddig, R. R. Reddig and F. 0. Reddig, copartners, trading as Reddig Company, against Norman Friedenwald to recover for work and materials furnished to the defendant. The trial was before the court without a jury. To reverse a judgment entered on a finding in favor of plaintiff for $161.48, defendant prosecutes a writ of error.

Sidney N. Ware, for plaintiff in error.

*38Abstract of the Decision.

Principal and agent, § 181 * —when finding that defendant acted in capacity of principal warranted by evidence. In an action to recover for work and materials furnished where the only issue in the case was whether the defendant when ordering the material acted in the capacity of principal or agent, a finding in favor of plaintiff held warranted by the evidence, it appearing that there were but two witnesses, one for each of the parties, and that the trial court found against the contention of defendant

Benner & Weld, for defendants in error.

*

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

Mr. Justice Pam

delivered the opinion of the court.