#### Charles Crowder, appellee, v. Cleveland, Cincinnati, Chicago & St. Louis Railway Company, appellant.

Assumpsit to recover for labor and material furnished in painting building. Judgment for plaintiff. Appeal from the Circuit Court of Coles county; the Hon. John H. Marshall, Judge, presiding. Heard in this court at the April term, 1919.

Reversed and remanded.

Opinion filed October 21, 1919.

*658George B. and George M. Gillespie, for appellant; Frank L. Little-ton and Vause & Kiger, of counsel. T. N. Gofer, for appellee.

Mr. Presiding Justice Graves

delivered the opinion of the court.