Opinion
Gen. No. 44,018. (Abstract of Decision.)
Opinion filed May 4, 1948 Released for publication June 4, 1948
JUDGMENTS, § 5.1 — validity of summary judgment. Where complaint in action for balance allegedly, due plaintiff on an account stated for expenditures in maintaining law office with defendant was filed within ten years after date of agreement signed by defendant and confirming previous oral agreement by which defendant had agreed to pay a certain sum to plaintiff, and copy of written agreement was attached to complaint, plaintiff's affidavit also attached thereto alleging that contents of complaint were true substantially complied with sec. 57 of Civil Practice Act and warranted summary judgment for plaintiff upon pleadings, with interest at five per cent from date of written agreement, in absence of denial that such agreement was executed and delivered (Ill. Rev. Stat. 1945, ch. 74, par. 2; ch. 83, par. 16; Jones Ill. Stats. Ann. 67.02, 107.275).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. JOSEPH A. GRABER, Judge, presiding.
Judgment affirmed. Heard in the second division, first district, this court at the February term, 1947.
Weightstill Woods, pro se;
Frank Michels, for appellee.
Not to be published in full. Opinion filed May 4, 1948; released for publication June 4, 1948.