Koehring Machine Company, appellant, v. Aetna Accident & Liability Company, appellee.

Gen. No. 24,100.

Action against surety on a contractor’s bond to recover on notes given for part of purchase price of machine used in construction work. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Wells M. Cook, Judge, presiding. Heard in this court at the March term, 1918.

Affirmed.

Opinion filed October 1, 1918.

Petition for rehearing stricken October 14, 1918.

Moses, Rosenthal & Kennedy, for appellant; Joseph W. Moses, of counsel.

Dent, Dobyns & Freeman, for appellee.

Mr. Presiding Justice Dever

delivered the opinion of the court.