47 N.E.2d 136
Gen. No. 9,358. (Abstract of Decision.)Appellate Court of Illinois, Third District.
Opinion filed February 24, 1943
JUDGMENTS, § 5.1[*] — summary judgment for sewer contractor against municipality. Sewer contractor, suing at law for balance allegedly owing him under sewer contract, held, under pleadings, motion, and affidavits, entitled to summary judgment against municipality for such balance and interest thereon (Ill. Rev. Stat. 1941, ch. 74, par. 2; Jones Ill. Stats, Ann. 67.02; Ill. Rev. Stat. 1941, ch. 110, par. 259.15; Jones Ill. Stats. Ann. 105.15).
Appeal from the Circuit Court of Tazewell county; the Hon. HENRY J. INGRAM, Judge, presiding.
Judgment affirmed. Heard in this court at the February term, 1943.
George Donaldson, Wallace J. Black and Kenneth W. Black, for appellant;
Fred W. Potter, Jr., for appellee.
Opinion by JUSTICE HAYES.
“Not to be published in full.” Opinion filed February 24, 1943.
Page 542