Opinion
Gen. No. 40,626. (Abstract of Decision.)
Opinion filed June 26, 1940
APPEAL AND ERROR, § 1742 — accounting suit, necessity of retrial. In action for accounting where plaintiff contended that he had entrusted his inheritance to defendant to invest, defendant to absorb all loss from trading and the parties to divide equally any profits, while defendant contended that losses were to be chargeable against plaintiff, since evidence was conflicting a retrial was necessary to determine what the agreement was, and chancellor should hear the cause instead of a master, as that could be done in a short time, and he would then be in better position to pass upon credibility of witnesses.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. JOHN PRYSTALSKI, presiding.
Decree reversed and cause remanded for a new trial. Heard in second division, first district, this court at February term, 1939.
Nat M. Kahn, for appellant;
No appearance for appellee.
"Not to be published in full." Opinion filed June 26, 1940.