JUDGMENTS, § 5.1 — summary judgment when question of fact presented. In action by plaintiff vendors to recover sum of money deposited by vendees in escrow with defendant real estate broker, where defendant filed counterclaim and motion for summary judgment for commission allegedly due, and plaintiff's affidavits in opposition presented question of fact as to right of broker to recover any commission, trial court was obliged under law to try such controverted issue, and could not allow summary judgment for portion of claimed commission.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE FEINBERG.
Not to be published in full. Opinion filed February 16, 1948; released for publication March 2, 1948.