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Bosomburg v. Birk Bros. Brewing Co.

Appellate Court of Illinois, First District
Oct 1, 1940
306 Ill. App. 580 (Ill. App. Ct. 1940)

Opinion

Gen. No. 41,057. (Abstract of Decision.)

Opinion filed October 1, 1940

ATTORNEYS AND COUNSELORS, § 145action for compensation, sufficiency of evidence. In action for legal services, evidence showed that plaintiff was employed to replevin certain machinery, which he did successfully and rendered statement for services, and that subsequently defendant employed plaintiff to secure an order of the bankruptcy court and file a bond so that the machinery could be removed from premises of bankrupt, such unusual services were not within the terms of the original contract, and judgment for defendant would be reversed on ground that jury was misled by a cheek indorsed by plaintiff for "balance in full," as this was for the replevin services only, and could not constitute an accord and satisfaction because there was no dispute as to amount to be paid.

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

Appeal from Municipal Court of Chicago; Hon. JOSEPH J. DRUCKER, presiding.

Reversed and remanded. Heard in first division, first district, this court at December term, 1939.

George A. Bosomburg pro se;

Henry L. Phoenix for appellee;

Richard C. Murphy, of counsel.


"Not to be published in full." Opinion filed October 1, 1940.


Summaries of

Bosomburg v. Birk Bros. Brewing Co.

Appellate Court of Illinois, First District
Oct 1, 1940
306 Ill. App. 580 (Ill. App. Ct. 1940)
Case details for

Bosomburg v. Birk Bros. Brewing Co.

Case Details

Full title:George A. Bosomburg, Appellant, v. Birk Brothers Brewing Company, Appellee

Court:Appellate Court of Illinois, First District

Date published: Oct 1, 1940

Citations

306 Ill. App. 580 (Ill. App. Ct. 1940)
29 N.E.2d 280

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