COLONIAL VILLAGE RESTAURANTS v. COLONIAL VILLAGE

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Docket Number

Gen. No. 42,039. (Abstract of Decision.)

Attorney(S)

Sonnenschein, Berkson, Lautmann, Levinson Morse, for appellant; Isaac E. Ferguson and Jesse H. Brown, of counsel; Taylor, Miller, Busch Boyden, for appellee; Morris I. Leibman, of counsel.

Judges

Opinion by JUSTICE O'CONNOR.

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Colonial Village Restaurants, Inc. (Howard M. Fox Substituted as Plaintiff), Appellee, v. Colonial Village, Inc. (Joseph H. Beuttas Substituted as Defendants), Appellant.

SET-OFF, COUNTERCLAIM AND RECOUPMENT, §§ 78, 79 — sufficiency of proofs. Where plaintiff operated restaurants for a concessionaire, which collected the receipts and deducted a percentage, with the balance to be turned over to the plaintiff, and plaintiff sued for moneys wrongfully withheld, and defendant sought to charge plaintiff with the cost of cash registers, various alterations and installations made in the restaurants, and miscellaneous items, the evidence justified the finding of the trial court in favor of the plaintiff.

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

Opinion by JUSTICE O'CONNOR.

"Not to be published in full." Opinion filed July 1, 1942.

Colonial Village Restaurants, Inc. (Howard M. Fox Substituted as Plaintiff), Appellee, v. Colonial Village, Inc. (Joseph H. Beuttas Substituted as Defendants), Appellant.

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