#### Midland Operating Company, for use of Midland Investment Company, appellee, v. Midland Casualty Company, formerly named Badger Casualty Company, appellant.

Gen. No. 23,379.

Action in assumpsit, remanded and re-tried on stipulation of facts without jury. ' Finding for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Joseph Sabath, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1923.

Reversed with finding of facts.

Opinion filed November 27, 1923.

Certiorari denied by Supreme Court (making opinion final).

Miller, Gorham, Wales & Noxon and Orlaf Anderson, for appellant. Cleland, Lee & Phelps, for appellee.

Mr. Presiding Justice Gridley

delivered the opinion of the court.