#### Joseph Schingle, Jr., appellee, v. M. S. & A. E. Plaut, executors of last will of S. Plaut, deceased, appellants.

Action to recover balance due on a building contract, deducted as a penalty for delay due to strike. Judgment for -plaintiff. Appeal from the Circuit Court of Vermilion county; the Hon. John H. Marshall, Judge, presiding. Heard in this court at the October term, 1919.

Reversed with finding of fact.

Opinion filed April 27, 1920.

Swallow & Bookwalter, for appellants.

F. L. Draper and C. R. Shannon, for appellee.

Mr. Justice Eldredge

delivered the opinion of the court.