#### Mutual Construction Company, appellee, v. Erie Furniture Company, appellant.

Gen. No. 25,658.

Action to recover balance due for materials furnished and work done. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John A. Swanson, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.

Affirmed with damages.

Opinion filed December 22, 1920.

Robert Edelson, for appellant; Hyman Polonsky, of counsel.

Hope Thompson, for appellee; Nathaniel Rubinkam, of counsel.

Mr. Justice Thomson

delivered the opinion of the court.