Opinion
Gen. No. 10,074. (Abstract of Decision.)
Opinion filed April 18, 1946 Rehearing denied October 3, 1946 Released for publication October 3, 1946
CONTRACTS, § 323 — when alleged oral condition to written contract was not proved by evidence. In suit for damages for defendant's failure to carry out terms of written contract for sale of tavern, where defendant contended that plaintiffs had failed to comply with alleged oral condition of contract requiring plaintiffs to procure lease on building in which tavern was located and therefore agreement was not binding, and it appeared that after contract was signed defendant introduced plaintiffs to customers as new owners and filed vendor's affidavit of creditors, held that weight of evidence supported plaintiffs' contention that there was completed sale.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Lake county; the Hon. RALPH J. DADY, Judge, presiding.
Judgment reversed and cause remanded. Heard in this court at the February term, 1946.
Joseph A. Jadrich, for appellants;
Seymour A. Greenblatt, for appellee.
Not to be published in full. Opinion filed April 18, 1946; rehearing denied October 3, 1946; released for publication October 3, 1946.