Opinion
Gen. No. 41,485. (Abstract of Decision.)
Opinion filed April 14, 1941.
APPEAL AND ERROR, § 2042 — amendment of pleadings and additional proof, upon remand. In action for an accounting where Appellate Court reversed decree for plaintiff, trial court denied plaintiff's motion to redocket the cause and for a new trial and dismissed complaint, Appellate Court affirmed decree in part and reversed it in part, and Supreme Court reversed Appellate and trial courts and remanded cause for further proceedings ( 373 Ill. 415), lower court erred in refusing to permit defendant to amend pleadings and introduce additional evidence.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. DONALD S. MCKINLAY, presiding.
Reversed and remanded with directions. Heard in first division, first district, this court at October term, 1940.
Kirkland, Fleming, Green, Martin Ellis and Hershenson Hershenson, for appellants;
Vernon M. Welsh, Harry G. Hershenson and Wayne F. Swonk, of counsel;
Warren H. Orr and William Shapiro, for appellee.
"Not to be published In full." Opinion filed April 14, 1941.