Categories: Illinois Appellate Court Opinions

FEIN v. TAYLOR WASHING MACHINE COMPANY, 306 Ill. App. 273 (1940)

28 N.E.2d 344

Harold A. Fein, Appellee, v. Taylor Washing Machine Company, Appellant.

Gen. No. 41,050. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed June 26, 1940

JUDGMENTS, § 5.1[*] — summary, propriety. In action by attorney to recover fees, summary judgment was improperly entered for plaintiff, where affidavit in support was executed by former employee of defendant who stated that answer was drafted upon information he and another person gave, but that all facts were not fully disclosed, and affidavit of defense by attorney who drew up answer stated that pleading was drawn in accordance with statements made to him by such former employee, and another affidavit by president of defendant corporation alleged that original answer was a true statement of facts in connection with employment of attorney.

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

Appeal from Circuit Court of Cook county; Hon. HARRY M. FISHER, presiding.

Judgment and order reversed and cause remanded with directions. Heard in second division, first district, this court at December term, 1939.

Kamfner Halligan and Louis J. Victor, for appellant;

Edwin A. Halligan and Samuel M. Lanoff, of counsel;

Harold A. Fein, pro se; Edward S. Altersohn, of counsel.

Opinion by PRESIDING JUSTICE FRIEND.

“Not to be published in full.” Opinion filed June 26, 1940.

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