Categories: Illinois Appellate Court Opinions

NATIONAL INDUSTRIES, INC. v. BLOCK, 336 Ill. App. 148 (1948)

83 N.E.2d 42

National Industries, Inc., formerly National Mineral Company, Appellee, v. Abraham Block, Trading as Western Hair Goods, Inc. et al., Defendants. Appeal of Western Hair Goods, Inc., Appellant.

Gen. No. 44,279. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed November 3, 1948 Rehearing denied January 4, 1949 Released for publication January 5, 1949

SALES, § 255[*] — sufficiency of evidence as to party with whom seller was led to believe it was doing business. In action against an individual and an. Illinois corporation for price of goods sold to defendants “or to either of them,” defended on ground that plaintiff dealt with a Missouri

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corporation, also organized by individual defendant, and should have sued that corporation, evidence compelled conclusion that plaintiff was led by individual defendant to believe that plaintiff was doing business with him individually; hence plaintiff should have been awarded judgment against individual defendant, rather than against Illinois corporation.

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

Appeal from the Municipal Court of Chicago; the Hon. CHARLES S. DOUGHERTY, Judge, presiding.

Judgment reversed and judgment here in favor of plaintiff and against the individual defendant. Heard in the third division, first district, this court at the December term, 1947.

Morris A. Haft, for appellant;

Adolph Allen Rubinson, for appellee.

Opinion by JUSTICE KILEY.

Not to be published in full. Opinion filed November 3, 1948; rehearing denied January 4, 1949; released for publication January 5, 1949.

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