Allen Ind. Inc. v. American Hair Felt Co.

Full title: Allen Industries, Inc., Appellant, v. American Hair and Felt Company…

Court: Appellate Court of Illinois, First District

Date published: May 28, 1940

305 Ill. App. 621 (Ill. App. Ct. 1940)

27 N.E.2d 574

Opinion

Gen. No. 40,517. (Abstract of Decision.)

Opinion filed May 28, 1940

CONTRACTS, § 575^_ — sufficiency of evidence. In action on alleged contract whereby defendant was to supply plaintiff with hair for a year, lower court properly found for defendant, where testimony as to the existence of an oral contract for the year was in conflict, and in 15 letters written by plaintiff and 11 written by defendant, no reference was made to such oral agreement, and plaintiff's original pleading to effect that price was to be agreed upon was an admission affecting credibility of plaintiff's president, although pleadings were amended to allege that price was agreed upon on a cost-plus basis.

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

Appeal from Circuit Circuit of Cook county; Hon. BENJAMIN P. EPSTEIN, presiding.

Affirmed. Heard in second division, first district, this court at December term, 1938.

Chapman Cutler, for appellant;

Dayton Ogden, of counsel;

Hopkins, Sutter, Halls DeWolfe, for appellee;

Lines, Spooner Quarles, Donald J. DeWolfe and William G. Blood, of counsel.

Opinion by PRESIDING JUSTICE JOHN J. SULLIVAN.

"Not to be published in full." Opinion filed May 28, 1940.