delivered the opinion of the court.

First. The petition alleges that the contract between appellee and Toan was made “ on or about August 1, 1901,” whereas the proof is that it was entered into June 15,1901. This is claimed to be a variance. In view of the use of the ■words “ on or about ” we do not think it is one.

Second. Nor do we deem the contention well taken that appellee did not do the work in accordance with his contract. He was repeatedly told by Toan, as the master finds, that there would be no detailed drawing's for the frames and that while following the plans and specifications he must be governed by his own judgment in the preparation of the frames. He caused drawings to be made and from time to time submitted them and the frames to Toan and one Jordan who was employed as superintendent upon the building by the bishop’s architect. Neither of them made any objection at the time but permitted the frames to become a part of the building, and indeed they expressly approved the manner of their construction as shown by the drawings. The details prepared by the architect were never shown to appellee, and he cannot be held for a failure to build the frames in accordance with drawings which he never saw.

The decree of the Superior Court is affirmed.

Affirmed.

Upon petition for rehearing.

The petition alleges “ that the vital points

at issue herein, relating to the sufficiency of the contracts between the subcontractor, Bussell, and Toan, contractor, and the Catholic Bishop of Chicago, owner, to entitle appellee to any lien whatever, have not been passed upon by this court.” So far as the subcontract is concerned this is a misapprehension. In the statement preceding the opinion, the court finds the subcontract, “an oral agreement,” was entered into and sets out the terms thereof.

The court did not pass upon the sufficiency of the contract between the owner and Toan for the following reasons : The contract is not in the abstract. It is not in the

record. Ho such error was assigned, or argued in the briefs.

Petition denied.