DITTMANN v. WESTFIELD HOMES, INC., 332 Ill. App. 661 (1948)

76 N.E.2d 351

Gen. No. 44,075. (Abstract of Decision.)Appellate Court of Illinois, Chicago, First District.
Opinion filed December 17, 1947 Released for publication January 9, 1948

EVIDENCE, § 145[*] — account not provable by secondary evidence. In action for commission allegedly due plaintiff salesman for sale of real estate, where case of plaintiff consisted of “commission statement” showing balance due, while defendant contended that statement sued upon was not account stated but tenative weekly account subject to revision, in support of which defendant unsuccessfully attempted to introduce secondary proof that debit statement was mailed to plaintiff, without producing defendant’s books to show debit in account of plaintiff, held that there was no evidence showing that “commission statement” sued on was not final statement of plaintiff’s account.

Appeal from the Municipal Court of Chicago; the Hon. J.M. BRAUDE, Judge, presiding.

Judgment affirmed. Heard in the third division, first district, this court at the April term, 1947.

Whitty McGah, for appellant;

Arthur W. Kennelly, of counsel;

No appearance for appellee.

Opinion by JUSTICE KILEY.

Not to be published in full. Opinion filed December 17, 1947; released for publication January 9, 1948.

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