Opinion
Gen. No. 40,568. (Abstract of Decision.)
Opinion filed December 5, 1939.
CHATTEL MORTGAGES, § 201 — inconsistent payment provisions in note and mortgage, construction as matter of law. Where note given in payment for soda fountain provided for full payment of principal three years after date, and chattel mortgage executed contemporaneously provided that mortgagor was to purchase all ice cream requirements from mortgagee and note was to be paid at rate of 10 cents per gallon on ice cream so purchased, the inconsistent provisions as to payment in instruments which were to be construed together should have been interpreted as a matter of law by the court, and lower court properly granted plaintiff a new trial after jury returned verdict finding issues against plaintiff.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. CECIL CORBETT SMITH, presiding. Affirmed. Heard in second division, first district, at February term, 1939; opinion filed December 5, 1939.
Rudnick Wolfe, for appellants; Seymour Stedman, for appellee.
"Not to be published in full."