Gen. Am. Steel Tube Co., v. Am. Elec. Fusion

Full title: General American Steel and Tube Company, Inc., Appellant, v. American…

Court: Appellate Court of Illinois, Chicago, First District

Date published: May 29, 1944

323 Ill. App. 294 (Ill. App. Ct. 1944)

55 N.E.2d 406

Opinion

Gen. No. 42,912. (Abstract of Decision.)

Opinion filed May 29, 1944

SALES, § 304^_ — propriety of judgment for seller in absence of amended reply as directed by court. In action by purchaser for alleged breach of contract to make, sell, and deliver to it certain machinery and equipment, held that, in absence of amended reply, as directed by court, it was not error to enter judgment for seller.

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

Appeal from the Circuit Court of Cook county; the Hon. HARRY M. FISHER, Judge, presiding.

Affirmed. Heard in the first division, first district, this court at the December term, 1943.

Maxwell Landis, for appellant;

Howard A. Brundage and Kirkland, Fleming, Green, Martin Ellis, for appellee;

Thomas B. Martineau and George E. Kanary, of counsel.

Opinion by JUSTICE MATCHETT.

Not to be published in full. Opinion filed May 29, 1944.