#### William Mathewson, appellee, v. John H. Smith, appellant.

Gen. No. 7,139.

Action by builder on contract for erection of a house. Judgment for plaintiff. Appeal from the Circuit Court of Livingston county; the Hon. Stevens R. Baker, Judge, presiding. Heard in this court at the October term, 1922.

Affirmed.

Opinion filed March 16, 1923.

H. G. Greenebaum and Cyril A. Bums, for appellant. Adsit & Thompson and J. J. Herr, for appellee.

Mr. Justice Jett

delivered the opinion of the court.