CHICAGO TRUCK LEASING v. GEBHARDT CHILI POWDER, 310 Ill. App. 672 (1941)

35 N.E.2d 416

Chicago Truck Leasing Company, Appellant, v. Gebhardt Chili Powder Company, Appellee.

Gen. No. 41,668. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed June 25, 1941

CONTRACTS, § 584[*] recovery in accordance with terms thereof. In action by lessor of trucks against lessee for rental of trucks due under agreement wherein it was provided if trucks were not used for 90-day period lessor was to be reimbursed for difference in rate so provided and rate computed on weekly basis. Evidence was sufficient to entitle lessor to recover in accordance with terms of contract as expressed by parties.

[*] See Callaghan’s Illinois Digest, same topic and sectionnumber.

Appeal from Municipal Court of Chicago; Hon. JOHN T. ZURIS, presiding.

Judgment reversed and judgment here. Heard in third division, first district, this court at April term, 1941.

Winston Mayer and W.F. Mayer, for appellant;

Woodward Tottenhoff, for appellee;

Joseph R. Tottenhoff, of counsel.

Opinion by PRESIDING JUSTICE BURKE.

“Not to be published in full.” Opinion filed June 25, 1941.

Page 673

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