Ellis v. Market Town Co.

Full title: John W. Ellis, Appellant, v. Market Town Company, Appellee

Court: Appellate Court of Illinois, First District

Date published: Feb 26, 1941

308 Ill. App. 670 (Ill. App. Ct. 1941)

32 N.E.2d 342

Opinion

Gen. No. 41,482. (Abstract of Decision.)

Opinion filed February 26, 1941 Rehearing denied March 12, 1941

CONTRACTS, § 417^_ — taxes, to secure reduction of. Where defendant agreed to assume balance due on certain refrigerators and to reimburse plaintiff for amount he had paid on same, and plaintiff agreed to render services without charge to secure tax reductions for defendant, lower court properly gave judgment for plaintiff for amount he was to be reimbursed, but erred in allowing defendant on counterclaim the sum paid another attorney for securing tax reductions, where plaintiff reduced taxes from $28,000 to $25,000, and the other attorney reduced them to $22,500, as plaintiff did not contract to obtain reduction of any fixed amount.

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

Appeal from Municipal Court of Chicago; Hon. FRANCIS BORRELLI, presiding.

Affirmed in part and reversed in part and judgment here for $400.80 in favor of plaintiff. Heard in third division, first district, this court at October term, 1940.

Frank L. Petru, for appellant;

Hummer, Van Ness Yowell, for appellee;

John J. Yowell, of counsel.

Opinion by PRESIDING JUSTICE HEBEL.

"Not to be published in full." Opinion filed February 26, 1941; rehearing denied March 12, 1941.