Miller v. 110 South Dearborn Street Corp.

Full title: Samuel P. Miller, Trading as All-Vac Steam Control System, Appellant, v…

Court: Appellate Court of Illinois

Date published: Jul 1, 1941

311 Ill. App. 252 (Ill. App. Ct. 1941)

35 N.E.2d 567

Opinion

Gen. No. 41,231. (Abstract of Decision.)

Opinion filed July 1, 1941

CONTRACTS, § 585^_ — performance, evidence. In action for contract price of plaintiff's heating system, which was specifically guaranteed to save defendant 10 per cent on its heating costs, plaintiff could not recover when he failed to prove that such sayings were effected, where evidence showed that the heating costs were actually increased by use of his system, and findings that defendant failed to give plaintiff notice of the inadequacy of the system and failed to disconnect the system, as it was required to do under the contract, were manifestly against the weight of the evidence.

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

Appeal from Municipal Court of Chicago; Hon. CECIL CORBETT SMITH, presiding.

Affirmed. Heard in second division, first district, this court at June term, 1940.

Teller, Levit, Silvertrust Levi, for appellant;

Julian I. Silvertrust and H.J. Goldberger, of counsel;

Decker Golden, for appellee;

Herbert Decker and Seymour R. Blankstein, of counsel.

Opinion by JUSTICE JOHN J. SULLIVAN.

"Not to be published in full." Opinion filed July 1, 1941.