Lake Valley Farm Products, Inc. v. Lafendo

Full title: Lake Valley Farm Products, Inc., Appellant, v. F. C. Lafendo, Appellee

Court: Appellate Court of Illinois, First District

Date published: May 22, 1940

305 Ill. App. 495 (Ill. App. Ct. 1940)

27 N.E.2d 669

Opinion

Gen. No. 41,012. (Abstract of Decision.)

Opinion filed May 22, 1940

SALES, § 234^_ — action for price, counterclaim. In action for purchase price of milk, lower court improperly awarded judgment for defendant on its counterclaim, where defendant admitted that it owed a certain sum for milk but offered no contract showing that plaintiff was obligated to furnish milk to defendant, to substantiate counterclaim for damages for breach of contract.

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

Appeal from Municipal Court of Chicago; Hon. N.J. BONELLI, presiding.

Judgment reversed and judgment here for plaintiff for $113.21. Heard in third division, first district, this court at December term, 1939.

Erwin M. Pearl, for appellant;

Anton S. Mikula, for appellee.

Opinion by PRESIDING JUSTICE DENIS E. SULLIVAN.

"Not to be published in full." Opinion filed May 22, 1940.