Opinion
Gen. No. 44,045. (Abstract of Decision.)
Opinion filed May 19, 1947 Released for publication June 3, 1947
PLEADING, § 126 — admission by failing to reply. Where plaintiff failed to reply to defenses of statute of limitations and accord and satisfaction set up in defendant's answer to plaintiff's 1944 amendment to complaint for commissions due under written partnership agreement entered into in 1930, which stated new cause of action based upon oral contract entered into in 1932, there by admitting such defenses, decree directing accounting on basis of such oral contract was unwarranted.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. ROBERT E. CROWE, Judge, presiding.
Reversed and remanded with directions. Heard in the first division, first district, this court at the April term, 1947.
Harry A. Biossat and Perry B. Brelin, for appellant;
Bryant, Colwell, Hwass Wells and Daniel A. Roberts, for appellee.
Not to be published in full. Opinion filed May 19, 1947; released for publication June 3, 1947.