Lindbloom Auto Parts Co. v. Liberty Foundries

Full title: Lindbloom Auto Parts Company, Appellee, v. Liberty Foundries Company and…

Court: Appellate Court of Illinois

Date published: Apr 28, 1943

318 Ill. App. 645 (Ill. App. Ct. 1943)

48 N.E.2d 430

Opinion

Gen. No. 9,850. (Abstract of Decision.)

Opinion filed April 28, 1943

APPEAL AND ERROR, § 886^_ — waiver of defense not urged in trial court. In action for money due under written contract, defense of want of consideration which was not pleaded or relied upon by appellants in trial court could not be urged in Appellate Court.

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

Appeal from Circuit Court of Winnebago county; Hon. WILLIAM R. DUSHER, presiding.

Judgment affirmed. Heard in this court at February term, 1943.

Welsh Welsh, for appellants;

C.K. Welsh, of counsel;

Early, Carpenter Early, for appellee;

Albert D. Early, of counsel.

Opinion by JUSTICE DOVE.

"Not to be published in full." Opinion filed April 28, 1943.