#### Burrel E. Leffler, defendant in error, v. Henry Wardein, plaintiff in error.

Assumpsit arising out of contract to furnish building materials and labor. Judgment for defendant. Error to the City Court of City of Alton; the Hon. L. D. Yager, Judge, presiding. Heard in this court at the March term, 1923.

Affirmed.

Opinion filed July 2, 1923.

Rehearing denied October 23, 1923.

B. J. O’Neill, for plaintiff in error. Wm. P. Boynton, for defendant in error.

Mr. Justice Barry

delivered the opinion of the court.