#### Evelyn Harkins, Appellee, v. G. J. Sherwood et al. C. E. Kirk, Appellant.

Gen. No. 22,885.

(Not to be reported in full.)

Abstract of the Decision.

1. Municipal Court op Chicago, § 29 * — what is subject of review where stenographic report is stricken from record. On appeal from a judgment, of the Municipal Court of Chicago, where the Appellate Court allows a motion to strike the stenographic report from the record, the only question for decision is the sufficiency of the pleading to sustain the judgment.

2. Municipal Court op Chicago, § 29* — when presumed that evidence was sufficient to sustain judgment. On appeal from a judgment of the Municipal Court of Chicago, in the absence of a stenographic repprt, it .will be presumed that the evidence was sufficient to sustain the judgment.

Appeal from the Municipal Court of Chicago; the Hon. Edward T. Wade, Judge, presiding. Heard in this court at the October term, 1916.

Affirmed.

Opinion filed June 11, 1917.

Statement of the Case.

Action by Evelyn Harkins, plaintiff, against Gr. J. Sherwood', C. E. Kirk and others, defendants, to recover for a breach of-contract of employment. From a verdict and judgment for plaintiff for $319.96, defendant Kirk appeals.

M. M. Jacobs, for. appellant.

Elmer A. Roat, for appellee; Thomas E. D. Bradley, of counsel.

*

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.

*253. Master and servant, § 44* — when employee may commence action for damages for breach of contract of employment. In an action to recover for breach of a contract of employment, where the employer has breached the contract by repudiating it, the employee has the right to commence an action for such damages as he may have suffered by reason of the breach and repudiation, regardless of the date when the contract by its terms expires.