GATEWAY SECURITIES CO. v. SCHULTZ, 321 Ill. App. 312 (1944)

52 N.E.2d 825

Gen. No. 42,796. (Abstract of Decision.)Appellate Court of Illinois, Chicago, First District.
Opinion filed January 24, 1944

FRAUD AND DECEIT, § 170[*] — dismissal of counterclaim for fraud where claimant failed to allege facts justifying reliance on misrepresentations. In action to recover unpaid principal and interest due on contract for purchase of vacant realty, wherein defendant filed counterclaim wherein it was alleged that plaintiff’s assignor had committed fraud by virtue of having made certain misrepresentations, trial court did not err in dismissing such counterclaim, where no facts were alleged justifying defendant’s reliance upon alleged misrepresentations without inquiry on her part.

Appeal from the Superior Court of Cook county; the Hon. JOHN C. LEWE, Judge, presiding.

Affirmed. Heard in the first division, first district, this court at the October term, 1943.

John B. King and Herbert M. Wetzel, for appellant;

Lawson, McNally Tuohy, for appellee; Thomas J. McNally, of counsel.

Opinion by JUSTICE NIEMEYER.

Not to be published in full. Opinion filed January 24, 1944.