City of Fairfield v. Sexton Mfg. Co.

Full title: City of Fairfield, Appellee, v. Sexton Manufacturing Company, Appellant…

Court: Appellate Court of Illinois

Date published: May 31, 1941

311 Ill. App. 294 (Ill. App. Ct. 1941)

35 N.E.2d 98

Opinion

Opinion filed May 31, 1941. Rehearing denied July 31, 1941.

MUNICIPAL CORPORATIONS, § 306^_ — settlement of water and electric bills owing to city, validity. In action by municipal corporation on note given by defendant company to secure payment of electric and water bills, evidence showed that note was given in settlement of account for amount agreed upon, that mayor's persuasion in attempting to get the account cleared up before his term expired was proper and did not amount to duress, ordinance providing for discontinuance of service if bills were not paid was not improper, and court properly excluded evidence as to cost of production of electrical energy for many years preceding execution of note sued upon.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Wayne county; Hon. ROY E. PEARCE, presiding.

Affirmed. Heard in this court at October term, 1940; opinion filed May 31, 1941

C. Deneen Matthews, for appellant;

Francis Feiger and Virgil W. Mills, for appellee.

Opinion by JUSTICE CULBERTSON.

"Not to be published in full." Rehearing denied July 31, 1941.