Opinion
Gen. No. 44,403. (Abstract of Decision.)
Opinion filed December 15, 1948 Released for publication January 5, 1949
JUDGMENT, § 5.1 — unauthorized summary judgment. Where triable issues of fact were raised by verified statement of claim and "defence" in real estate broker's action for commissions, and such triable issue were not removed by affidavits subsequently filed in support of, and in opposition to, broker's motion for summary judgment, a summary judgment for broker was unauthorized (Supreme Court Rules, Rule 15).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. J.M. BRAUDE, Judge, presiding.
Judgment reversed and cause remanded with directions. Heard in the third division, first district, this court at the April term, 1948.
Eugene R. Ward, for appellant;
Stephen M. Fleming, of counsel;
Andalman Andalman, for appellee;
Avrum N. Andalman, of counsel.
Not to be published in full. Opinion filed December 15, 1948; released for publication January 5, 1949.