Opinion
Gen. No. 43,918. (Abstract of Decision.)
Opinion filed June 25, 1947 Released for publication July 18, 1947
CONTRACTS, § 574.1 — dumping on property, proof of contractee's ownership of right of. Plaintiff failed to prove ownership of right to dump on vacant property, owned by defendant, by virtue of agreement with latter's lessee, and consequently as matter of law failed to establish prima facie case in action to recover on alleged oral contract giving defendant privilege of dumping on property at certain price per cubic yard, where there was no evidence or inference that lease conferred right of dumping upon lessee and where, moreover, lease commenced subsequent to dates of agreement and oral contract, even though there was evidence that defendant had not dumped on property for some time and that it commenced dumping on day following alleged oral contract.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. R.J. DUNNE, Judge, presiding.
Judgment reversed. Heard in the third division, first district, this court at the December term 1946.
Isham, Lincoln Beale, for appellant;
James P. Dillie, of counsel;
Tarpey, Fullenkamp Tobin, for appellee.
Not to be published in full. Opinion filed June 25, 1947; released for publication July 18, 1947.