Opinion
Gen. No. 43,202. (Abstract of Decision.)
Opinion filed January 8, 1945 Released for publication January 29, 1945
CONFESSION OF JUDGMENT, § 2 — when confession of judgment is in tiolation of condition upon which note was delivered. Where note was given for balance of purchase price of certain store fixtures which plaintiff, payee of note, was to build and install in defendant's clothing store at total cost of $3,000, and petition alleged certain defects in fixtures and breach of warranty with consequent damages to defendant in excess of unpaid balance on note, which defendant sought to set up by way of recoupment in extinction of plaintiff's claim, and second defense was that note had been delivered to plaintiff conditionally only as security for payment of contract price and was not to become valid nor was judgment to be confessed thereon except upon complete performance of contract, held that defenses should be determined upon trial, and confession of judgment entered against defendant was in violation of condition upon which note was delivered.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. EUGENE J. HOLLAND, Judge, presiding.
Reversed and remanded with directions. Heard in the first division, first district, this court at the October term, 1944.
David F. Silverzweig, for appellant.
Teller, Levit Silvertrust, for appellee.
Not to be published in full. Opinion filed January 8, 1945; released for publication January 29, 1945.