Owen v. Mathias Klein and Sons

Full title: Harry O. Owen, Appellant, v. Mathias Klein and Sons, Appellee

Court: Appellate Court of Illinois, Chicago, First District

Date published: Apr 6, 1944

322 Ill. App. 689 (Ill. App. Ct. 1944)

54 N.E.2d 770

Opinion

Gen. No. 42,866. (Abstract of Decision.)

Opinion filed April 6, 1944

JUDGMENTS, § 5.1^_ — entry of summary judgment where no triable issue of fact presented. In action in chancery for accounting and discovery, court properly entered summary judgment in favor of defendant, where there was no triable issue of fact presented for court to determine (Ill. Rev. Stat. 1941, ch. 110, par. 181; Jones Ill. Stats. Ann. 104.057).

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

Appeal from the Circuit Court of Cook county; the Hon. JOHN PRYSTALSKI, Judge, presiding.

Judgment affirmed. Heard in the second division, first district, this court at the October term, 1943.

Sidney J. Arthur Wolf, for appellant; Sidney J. Wolf, of counsel.

Scott, MacLeish Falk, for appellee; Walter S. Underwood and Wendell J. Brown, of counsel.

Opinion by PRESIDING JUSTICE FRIEND.

Not to be published in full. Opinion filed April 6, 1944.