#### Patrick Brennan, Defendant in Error, v. Ideal Heating Company, Plaintiff in Error.

Gen. No. 21,443.

(Not to be reported in full.)

Abstract of the Decision.

Appeal and error, § 1803 * —when judgment must he reversed and remanded for a new trial. Where, in an action, for labor and materials furnished by the plaintiff in making alterations and additions to a hot water heating plant installed by the defendant, the evidence showed merely the value in gross of the various items, some of which were improperly included in the claim, held that a judgment for the plaintiff must he reversed and the cause remanded for a new trial, as the value of such items, not being known, could not he deducted from a judgment.

Error to the Municipal Court of Chicago; the Hon. Percy L. Persons, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1915.,

Reversed and remanded.

Opinion filed October 10, 1916.

Statement of the Case.

Action by Patrick Brennan, plaintiff, against the Ideal Heating Company, a corporation, defendant, for the value of labor and materials used by the plaintiff in making alterations and additions to a hot water heating plant installed for the plaintiff by the defendant. To review a judgment for plaintiff, defendant prosecutes a writ of error.

Benson & Fitch, for plaintiff in error.

Henry M. Hagan, for defendant in error.

*

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

Mr. Justice McDonald

delivered the opinion of the court.