#### Lawrence Fodge and A. W. Baumgartner, Trading as Aball Wrecking Company, v. Board of Education of the Village of Oak Park, District 97 et al. L. J. Bullivant, Trading as Bullivant Plastering Company, Appellant, v. Fidelity and Deposit Company of Maryland, Appellee.

Gen. No. 40,962.

*138opinion filed March 11, 1941;

rehearing denied March 27, 1941.

Sonnenschein, Berkson, Lautmann, Levinson & Morse, for appellant; David Levinson and Frank C. Bernard, of counsel; Dent, Weichelt & Hampton, for appellee.

Opinion by

Justice John J. Sullivan.

“Not to be published in full.”