#### MacLean Construction Company, appellant, v. United States Fidelity & Guaranty Company et al., appellees.

Gen. No. 25,946.

Action against principals and surety on a bond given for the performance of a contract to furnish sand and gravel. Set-off for sand and gravel shipped and accepted. Judgment for the penalty of the bond and for damages. Appeal by plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John R. Newcomer, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1920.

Reversed and remanded.

Opinion filed November 2, 1921.

Knapp & Campbell, for appellant; John R. Cochran and Leonard Ferris Martin, of counsel. Judah, Willard, Wolf & Reichmann, for appellee United States Fidelity & Guaranty Company.

Mr. Presiding Justice O’Connor

delivered the opinion of the court.