Opinion
Gen. No. 43,958. (Abstract of Decision.)
Opinion filed February 20, 1947 Released for publication March 28, 1947
APPEAL AND ERROR, § 1713 — conclusiveness of trial court's findings on appeal. In forcible detainer action where only evidence in record bearing on issue as to whether defendant's tenancy was from month to month or from year to year after expiration of original written lease, was plaintiff's affirmation that letter in question was written and properly mailed to defendant and defendant's denial that he ever received such letter, judgment for plaintiff would not be disturbed by court of review, since question of which party should be deemed most worthy of belief was peculiarly matter for trial court to determine inasmuch as he saw and heard parties testify and had opportunity to observe their conduct and demeanor while testifying.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. JOHN T. ZURIS, Judge, presiding.
Judgment affirmed. Heard in the second division, first district, this court at the December term, 1946.
William Vihon, for appellant;
Kamfner Halligan, for appellee;
Martin K. Irwin, of counsel.
Not to be published in full. Opinion filed February 20, 1947; released for publication March 28, 1947.