Kaplan v. Stevens Hotel Corp.

Full title: Fara F. Kaplan (William Wallace McCallum, Assignee), Appellee, v. Stevens…

Court: Appellate Court of Illinois, Chicago, First District

Date published: Apr 26, 1944

322 Ill. App. 697 (Ill. App. Ct. 1944)

54 N.E.2d 645

Opinion

Gen. No. 42,772. (Abstract of Decision.)

Opinion filed April 26, 1944

PLEADING, § 443^_ — waiver of variance. A variance will be held to have been waived unless objection is made in the trial court and an opportunity given the plaintiff to amend.

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

Appeal from the Superior Court of Cook county; the Hon. GROVER C. NEIMEYER, Judge, presiding.

Judgment affirmed upon further remittitur; otherwise, judgment reversed and cause remanded for a new trial. Heard in the third division, first district, this court at the October term, 1943.

Samuel Levin, for appellant. Elwyn R. Shaw, of counsel;

Marion J. Hannigan and William Wallace McCallum, for appellees.

Opinion by JUSTICE BURKE.

Not to be published in full. Opinion filed April 26, 1944.