#### The Schillinger Construction Company, appellee, v. Midwestern Company, appellant.

Gen. No. 28,893.

Action to recover moneys advanced as rental of machine, value of labor on same and damages for its failure to work. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Wells M. Cook, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1923.

Affirmed.

Opinion filed October 30, 1924.

Albert Sabath, for appellant; Thomas M. Zasadil, Jr., of counsel. E. W. Austin, for appellee.

Mr. Presiding Justice O’Connor

delivered the opinion of the court.