Opinion
Gen. No. 43,246. (Abstract of Decision.)
Opinion filed May 29, 1945 Released for publication June 14, 1945
ACCOUNTING SUITS, § 19 — proof of maintenance expenditures by realtor. In proceeding for specific performance of contract whereby plaintiffs surrendered possession of building and assigned rents to defendant and she was to pay mortgage debt to third party and then convey title to plaintiffs, and she turned management of property over to codefendant realtor, who collected rents, paid mortgage instalments, and maintained property over period of 10 years, held that, on accounting by realtor, finding of master in chancery allowing maintenance expenses of only $220 for entire period as against claimed expense of $1,720, was unwarranted, receipts for expenditures being sufficient without testimony of repairmen in absence of any indication that they were fraudulent, particularly where repairmen who did 80 per cent of work testified as to work done.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. HARRY M. FISHER, Judge, presiding.
Decree reversed, and cause remanded with directions. Heard in the second division, first district, this court at the October term, 1944.
Frederick R. Nyberg, for appellants;
Charles A. Wilson, for appellees.
Not to be published in full. Opinion filed May 29, 1945; released for publication June 14, 1945.