Fitzpatrick v. Blue Star Auto Stores, Inc.

Full title: John Fitzpatrick et al., Appellees, v. Blue Star Auto Stores, Inc.…

Court: Appellate Court of Illinois, First District

Date published: Nov 28, 1941

312 Ill. App. 184 (Ill. App. Ct. 1941)

37 N.E.2d 928

Opinion

Gen. No. 41,580. (Abstract of Decision.)

Opinion filed November 28, 1941

RADIO, § 4^_ — cancellation of broadcasting service contract, striking counterclaim as proper. In action to recover for broadcasting service rendered pursuant to contract wherein defendant admitted that services were rendered, made no denial of correctness of amount charged, and conceded that nothing was paid under contract, plaintiffs had right to cancel contract for nonpayment and recover amount due thereon; and as to defendant's amended counterclaim alleging that plaintiffs had made allegedly derogatory statements tending to injure defendant's business, credit and reputation, trial court granted plaintiffs' motion to strike same, and was justified in holding that there was prior suit pending in which these matters could be litigated.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Municipal Court of Chicago; Hon. JOHN GUTKNECHT, presiding.

Judgment affirmed. Heard in second division, first district, this court at December term, 1940.

Wilhartz Hirsch, for appellant;

J.S. Greenberg and Albert H. Klee, of counsel;

Allen Darlington, for appellee;

Glynn J. Elliott, of counsel.

Opinion by JUSTICE FRIEND.

"Not to be published in full." Opinion filed November 28, 1941.