Opinion
Gen. No. 42,857. (Abstract of Decision.)
Opinion filed April 6, 1944
APPEAL AND ERROR, § 1870 — reversal of judgment with modification in amount of judgment. In action to recover on statutory bond executed by defendant as principal and other defendants as sureties, balance due for painting materials furnished by plaintiff in connection with the construction of certain building, wherein judgment was entered against defendant, evidence examined and held assessment of plaintiff's damages was contrary to manifest weight of evidence, and judgment of trial court would accordingly be reversed and plaintiff's damages reassessed and judgment entered thereon by Appellate Court.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. CHARLES A. WILLIAMS, Judge, presiding.
Judgment reversed and judgment here. Heard in the second division, first district, this court at the October term, 1943.
J.E. Yaffe, for appellants;
England O'Toole, for appellees.
Not to be published in full. Opinion filed April 6, 1944.