Opinion
Gen. No. 41,653. (Abstract of Decision.)
Opinion filed February 10, 1942
CONFESSION OF JUDGMENT, § 65 — vacation for fraudulent representations. Where judgment was confessed for rent of an apartment never occupied, and the affidavits of the lessee and his wife set forth that the lease was signed because of fraudulent representations of lessor's agent that there had been no sickness in the apartment and, upon learning that prior tenants had been afflicted with contagious disease, lessee renounced the lease, the confession of judgment was opened and the defendant given an opportunity to present his defense.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. LAMBERT K. HAYES, presiding.
Orders reversed and cause remanded with directions. Heard in second division, first district, this court at April term, 1941.
Montgomery J. Atkinson, pro se, Jesmer Jesmer, for appellee;
Julius Jesmer and Harold Perry Cohen, of counsel.
"Not to be published in full." Opinion filed February 10, 1942.