Inland Rubber Corp. v. Eskimo Kooler Corp.

Full title: Inland Rubber Corporation, Appellee, v. Eskimo Kooler Corporation and…

Court: Appellate Court of Illinois, First District

Date published: Apr 4, 1949

337 Ill. App. 292 (Ill. App. Ct. 1949)

85 N.E.2d 859

Opinion

Gen. No. 44,673. (Abstract of Decision.)

Opinion filed April 4, 1949 Released for publication May 17, 1949

JUDGMENTS, § 5.1^_ — propriety of summary judgment for plaintiff in seller's action against guarantor to recover balance due for goods sold. Where original parties to agreement for sale and purchase of a tire mold and special rubber tires had a definite understanding as to price to be paid, and no objection to price was ever raised by purchaser or by defendant, the guarantor, and letter of guaranty was clear and unambiguous on its face, and making of contract and delivery and receipt of goods were admitted, a summary judgment for plaintiff, the seller, in action against defendant to recover balance due on purchase price of goods was proper.

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

Appeal from the Circuit Court of Cook county; the Hon. HARRY M. FISHER, Judge, presiding.

Affirmed. Heard in the first division, first district, this court at the December term, 1948.

Johan Waage, for appellant;

Aaron, Aaron, Schimberg Hess and Edward S. Stern, for appellee.

Opinion by JUSTICE TUOHY.

Not to be published in full. Opinion filed April 4, 1949; released for publication May 17, 1949.