#### Marquette Construction Company, appellee, v. John A. Connelly, trading as Thomas Connelly, appellant.

Gen. No. 26,480.

Motion to correct a reeord to show that a petition by defendant was dismissed for want of proséeution. Motion granted. Appeal from the Municipal Court of Chicago; the Hon. Harry Olson, Judge, presiding. Heard .in this court at the October term, 1920.

Reversed and remanded with directions.

Opinion filed March 7, 1922.

Edward J. Carmody and Sabath, Stafford & Sabath, for appellant; Edward J. Carmody and Thomas M. Zasadil, Jr., of counsel. Herbert A. Schryver, for appellee.

Mr. Justice MeSurely

delivered the opinion of the court.