#### Charles Heller, Administrator, Appellee, v. Speedway Park Association, Appellant.

Gen. No. 22,938. (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.

Rehearing denied January 2, 1918.

Statement of the Case.

Action by Charles Heller, administrator of the estate of Michael J. Sampson, deceased, plaintiff, against Speedway Park Association, a corporation, defendant, to recover on certain certificates issued by defendant in payment of certain construction work done for it by the American Contracting & Supply Company as contractor, assigned to plaintiff’s intestate as a subcontractor. From a judgment for plaintiff, defendant appeals.

This appeal presents the same questions as appeal in case 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, American Contracting & Supply Co. v. Speedway Park Ass’n, Gen. No. 22,939, ante, p. 179.

Campbell & Fischer, for appellant.

Charles J. Trainor and Hoag & Hllmann, for appellee.

Mr. Presiding Justice Barnes

delivered the opinion of the court.