Opinion
Gen. No. 41,378. (Abstract of Decision.)
Opinion filed March 31, 1941.
MORTGAGES, § 62 — extension agreement, construction. In action on mortgage bonds, allegations in affidavit of merits referring to claimed novation agreement were mere conclusions, which were not admitted by motion to strike, and provision in bonds that if time of payment be extended "at any time or times" maker should be held to consent to such extension, was binding on maker even though extension was granted 2 years after maturity of bonds.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; Hon. THOMAS A. GREEN, presiding.
Affirmed. Heard in first division, first district, this court at October term, 1940.
Dunbar Rich, for appellant;
David O. Dunbar, Stanley Rich and M.J. Atkinson, of counsel;
Geary V. Stribgren, for appellee.
"Not to be published in full." Opinion filed March 31, 1941.