Opinion
Gen. No. 44,162. (Abstract of Decision.)
Opinion filed January 5, 1948 Released for publication January 27, 1948
PLEADING, § 3 — failure to demand surrender and cancellation of instrument alleged to have been signed under duress. Complaint charging duress in the execution of certain instrument between plaintiff and tenant, releasing defendant from payment to plaintiff of commission earned in procuring tenant for defendant's premises, was defective in absence of allegations requiring surrender and cancellation of the release, and court was justified in striking complaint and dismissing suit. (O'CONNOR, J., dissents.)
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. DONALD S. McKINLAY, Judge, presiding.
Affirmed. Heard in the first division, first district, this court at the June term, 1947.
Wade G. Morgan, for appellant;
Clayton B. Hulsh, for appellee.
Not to be published in full. Opinion filed January 5, 1948; released for publication January 27, 1948.