#### American Contracting & Supply Company for use of William E. Dee Company, Appellee, v. Speedway Park Association, Appellant.

Gen. No. 22,939. (Not to be reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. Jacob H. Hopkins, Judge, presiding.

Heard in the Branch Appellate Court at the October term, 1916.

Affirmed.

Opinion filed December 21, 1917.

Statement of the Case.

Action by American Contracting & Supply Company, a corporation, for use of William E. Dee Company, plaintiff, against Speedway Park Association, *180defendant, to recover on certificates issued by defendant to plaintiff as contractor for certain construction work for defendant, and assigned to William E. Dee Company, a subcontractor. From a judgment for plaintiff, defendant appeals.

Abstract of the Decision.

Contracts, § 345 * —when action may be brought on certificates by contractor for use of subcontractor. Where a contractor for certain construction work assigned' to a subcontractor certain certificates issued by the owner of the work to the contractor in payment therefor, but did not indorse same over to the subcontractor, an action on the certificates was properly brought by the contractor for the use of the subcontractor.

Appeal presents same questions as appeal in ease of American Contracting & Supply Co. v. Speedway Park Ass’n, Gen. No. 22,940, ante, p. 177, opinion in which is signed the same day, and for the reasons appearing therein this judgment is affirmed.

See also, Heller v. Speedway Park Association, Gen. No. 22,938, post, p. 181.

Campbell & Fischer, for appellant.

John M. Quinlan and Hoag & Ullmann, for appellee.

*

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

Mr. Presiding Justice Barnes

delivered the opinion of the court.