#### Good Products Company, Defendant in Error, v. James J. Dwyer, Plaintiff in Error.

Gen. No. 22,511.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Hosea W. Wells, Judge, presiding. Heard in this court at the October term, 1916.

Reversed and judgment of nil capiat and for costs.

Opinion filed January 8, 1917.

Statement of the Case.

Action by Good Products Company, a corporation, plaintiff, against James J. Dwyer and Gustav Hochstadter, defendants, to recover on a contract with *218Dwyer whereby plaintiff agreed to perforin certain work on a building owned by Hochstadter, which was being constructed by Dwyer as contractor, and against Dwyer and Hochstadter upon an award of arbitrators. From a judgment in favor of plaintiff against defendant Dwyer, after dismissal of the case against defendant Hochstadter, defendant Dwyer brings error.

Abstract of the Decision.

1. Accord and satisfaction, § 1 * —what is subject of. A claim for an unliquidated amount is a proper subject of accord and satisfaction.

2. Accord and satisfaction, § 6 * —when third person is bound by settlement. A settlement of a disputed claim for labor performed in the construction of a building by a subcontractor between such subcontractor and the owner constitutes an' accord and satisfaction as to the contractor.

Alfred E. Barr and Frank W. Bigelow, for plaintiff in error.

Walter S. Holden and Gr. Fred Bush, for defendant in error.

*

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

Mr. Justice Holdom

delivered the opinion of the court.