Summary
In Bankers Bldg., Inc. v. Bishop, 326 Ill. App. 256, 61 N.E.2d 276, the Appellate Court for the First District reverted to the former rule, and a petition for leave to appeal was denied by the Illinois Supreme Court, and in 66 Sup. Ct. 1352 certiorari was denied by the United States Supreme Court. Supreme Court rule 23, as adopted in 1955 and effective January 1, 1956, provides that the defendant may assert any counterclaim if an order is entered opening the judgment, but not otherwise.
Summary of this case from Pirie v. CarrollOpinion
Gen. No. 42,586. (Abstract of Decision.)
Opinion filed May 18, 1945 Rehearing denied June 8, 1945 Released for publication June 8, 1945
LANDLORD AND TENANT, § 25 — lease permitting part payment in legal services construed. Where landlord obtained judgment by confession on three annual leases of office premises, and lessee moved to vacate the judgment on the ground that there was no liability because leases and riders thereto provided for payment in legal services which he was willing and able to render, held that leases and riders thereto merely allowed defendant to credit value of legal services rendered to plaintiff and certain other corporations on his rental, but did not relieve him of monetary obligation under lease if his services were not required nor rendered.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. JOHN PRYSTALSKI, Judge, presiding.
Judgment affirmed. Heard in the third division, first district, this court at the February term, 1943.
O.D. Buckles and Jerome J. Sladkey, for appellant;
Sonnenschein, Berkson, Lautmann, Levinson Morse, for appellee;
Isaac E. Ferguson and Morton Lane, of counsel.
Not to be published in full. Opinion filed May 18, 1945; rehearing denied June 8, 1945; released for publication June 8, 1945.