Opinion
Gen. No. 42,039. (Abstract of Decision.)
Opinion filed July 1, 1942
SET-OFF, COUNTERCLAIM AND RECOUPMENT, §§ 78, 79 — sufficiency of proofs. Where plaintiff operated restaurants for a concessionaire, which collected the receipts and deducted a percentage, with the balance to be turned over to the plaintiff, and plaintiff sued for moneys wrongfully withheld, and defendant sought to charge plaintiff with the cost of cash registers, various alterations and installations made in the restaurants, and miscellaneous items, the evidence justified the finding of the trial court in favor of the plaintiff.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. PHILIP J. FINNEGAN, presiding.
Judgment affirmed. Heard in first division, first district, this court at October term, 1941.
Sonnenschein, Berkson, Lautmann, Levinson Morse, for appellant;
Isaac E. Ferguson and Jesse H. Brown, of counsel;
Taylor, Miller, Busch Boyden, for appellee;
Morris I. Leibman, of counsel.
"Not to be published in full." Opinion filed July 1, 1942.