#### Forsythe Brothers Company, appellee, v. The Bankers Surety Company and Leopold J. Mensch, appellants. Leopold J. Mensch, appellant, v. Forsythe Brothers Company, appellee.

Gen. No. 24,672.

Gen. No. 24,673.

Actions to recover on contractor’s bond and for money due under building contracts. Judgment for plaintiff in action on bond and for defendant in action on building contracts. Appeals from the Superior Court of Cook county; the Hon. Joseph Sabath, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.

Reversed and remanded.

Opinion filed March 9, 1920.

Fisher, Boyden, Kales & Bell and John Taylor Booz, for appellants;

J. F. Dammann, Jr., and John Taylor Booz, of counsel.

Winston, Strawn & Shaw, for appellee;

Edward W. Everett, of counsel.

Mr. Presiding Justice Matchett

delivered the opinion of the court.