Brodt v. Langdon, Inc.

Full title: Mrs. A. N. Brodt and A. N. Brodt, Appellants, v. Langdon, Inc., Appellee

Court: Appellate Court of Illinois

Date published: Sep 27, 1943

320 Ill. App. 338 (Ill. App. Ct. 1943)

50 N.E.2d 851

Opinion

Gen. No. 42,430. (Abstract of Decision.)

Opinion filed September 27, 1943

EVIDENCE, § 206^_ — when admission of evidence of custom error. Trial court erred in admitting evidence of custom, where such evidence was immaterial, and where it tended to vary terms of written contract which were clear and unambiguous.

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

Appeal from the Municipal Court of Chicago; the Hon. JAY A. SCHILLER, Judge, presiding.

Reversed and remanded with directions. Heard in the first division, first district, this court at the October term, 1942.

Erwin W. Roemer, for appellants;

Milton H. Gray and Charles T. Shanner, of counsel;

George D. Sullivan and Mitchell Kilanowski, for appellee;

Mitchell Kilanowski, of counsel.

Opinion by PRESIDING JUSTICE O'CONNOR.

Not to be published in full. Opinion filed September 27, 1943.