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P. H. Billeter, Appellee, v. Halsam Products Company, Appellant.

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.

Opinion by JUSTICE MATCHETT.

"Not to be published in full."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

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BILLETER v. HALSAM PRODUCTS CO
(Jan 19, 1942)