Billeter v. Halsam Products Co.

Full title: P. H. Billeter, Appellee, v. Halsam Products Company, Appellant

Court: Appellate Court of Illinois, First District

Date published: Jan 19, 1942

313 Ill. App. 145 (Ill. App. Ct. 1942)

38 N.E.2d 994

Opinion

Gen. No. 41,773. (Abstract of Decision.)

Opinion filed January 19, 1942

APPEAL AND ERROR, § 1710^_ — findings of fact by trial court, weight. In an action for breach of contract relating to the removal of shavings and sawdust from a plant, tried by the court without a jury, the findings of the court as to the facts have the same weight as the verdict of a jury upon review, and, under the findings, it must be assumed that the parties did not abandon the contract and that plaintiff was not guilty of first breaching it.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Municipal Court of Chicago; Hon. FRANK M. PADDEN, presiding.

Affirmed. Heard in first division, first district, this court at June term, 1941.

Hurford Feigenholtz, for appellant;

Harold L. Feigenholtz and Eugene A. Busch, of counsel;

Fyffe Clarke, for appellee;

John Harrington and Albert J. Smith, of counsel.

Opinion by JUSTICE MATCHETT.

"Not to be published in full." Opinion filed January 19, 1942.