Kanik v. Johnson Bros. Heating Co.

Full title: R. M. Kanik, Appellee, v. Johnson Brothers Heating Company, Appellant

Court: Appellate Court of Illinois, Chicago, First District

Date published: May 5, 1944

323 Ill. App. 282 (Ill. App. Ct. 1944)

54 N.E.2d 751

Opinion

Gen. No. 42,581. (Abstract of Decision.)

Opinion filed May 5, 1944. Rehearing denied May 19, 1944.

APPEAL AND ERROR, § 1844^_ — when summary judgment will be reversed and cause remanded. On appeal from a summary judgment in an action upon an assigned contract, held that finding that plaintiff was entitled to a summary judgment was inconsistent with the finding that he maintained the issues by proper and sufficient evidence, since there was no trial of the issues, and while the exhibits were before the court they were not introduced as evidence on a trial of the issues, nor were any witnesses presented by plaintiff, and therefore judgment was reversed and cause remanded for trial on the issues of fact.

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

Appeal from the Superior Court of Cook county; the Hon. FRANCIS B. ALLEGRETTI, Judge, presiding.

Judgment reversed and cause remanded. Heard in the third division, first district, this court at the February term, 1943.

Fred B. Houghton, for appellant.

William S. Kleinman, for appellee.

Opinion by JUSTICE KILEY.

Not to be published in full. Opinion filed May 5, 1944; rehearing denied May 19, 1944.