Ratkowski v. City of Chicago

Full title: Leo P. Ratkowski et al., Appellees, v. City of Chicago, Appellant

Court: Appellate Court of Illinois, First District

Date published: Dec 27, 1939

303 Ill. App. 57 (Ill. App. Ct. 1939)

24 N.E.2d 588

Opinion

Gen. No. 40,782. (Abstract of Decision.)

Opinion filed December 27, 1939.

EMINENT DOMAIN, § 331^_ — acceptance of principal of condemnation award without protest, not waiver of claim for interest. Claim for interest on condemnation judgment was not waived by accepting payment of principal without protest that interest was not included, following Cella v. City of Chicago, 303 Ill. App. 56.

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

Appeal from Circuit Court of Cook County; Hon. HARRY M. FISHER, presiding. Affirmed. Heard in second division, first district, at June term, 1939; opinion filed December 27, 1939.

Barnet Hodes, Corporation Counsel, for appellant; Joseph F. Grossman, First Assistant Corporation Counsel and J. Herzl Segal, Assistant Corporation Counsel, of counsel; Wolf Love, for appellees; Alexander Wolf, of counsel.

Opinion by JUSTICE FRIEND.

"Not to be published in full."