Opinion
Gen. No. 44,216. (Abstract of Decision.)
Opinion filed February 16, 1948 Released for publication March 2, 1948
JUDGMENTS, § 5.1 — summary judgment when question of fact presented. In action by plaintiff vendors to recover sum of money deposited by vendees in escrow with defendant real estate broker, where defendant filed counterclaim and motion for summary judgment for commission allegedly due, and plaintiff's affidavits in opposition presented question of fact as to right of broker to recover any commission, trial court was obliged under law to try such controverted issue, and could not allow summary judgment for portion of claimed commission.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. EUGENE J. HOLLAND, Judge, presiding.
Judgment reversed. Heard in the first division, first district, this court at the October term, 1947.
Arthur S. Bluestein, for appellants;
Allen, Darlington Elliott, for appellee;
Glynn J. Elliott, of counsel.
Not to be published in full. Opinion filed February 16, 1948; released for publication March 2, 1948.