#### John Morrison, Appellant, v. John R. Laverty, Appellee.

Gen. No. 22,810.

(Not to be reported in full.)

Abstract of the Decision.

Appeal and ebbor, § 369 * —when different theory of recovery may not he advanced on appeal. On appeal by plaintiff from a judgment in favor of the defendant, the plaintiff cannot advance in the Appellate Court a theory of recovery different from that presented in the trial court.

Appeal from the Municipal Court of Chicago; the Hon. Peed C. Hill, Judge, presiding. Heard in this court at the October term, 1916.

Affirmed.

Opinion filed May 21, 1917.

Statement of the Case.

Action by John Morrison, plaintiff, against John R. Laverty, defendant, to recover rent. From a judgment in favor of defendant, plaintiff appeals.

Ryan & Lewis, for appellant.

Lambert & Mayer, for appellee.

*

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

Mr. Justice Dever

delivered the opinion of the court.