Opinion
Gen. No. 42,787. (Abstract of Decision.)
Opinion filed May 2, 1944
SALES, § 232 — when assignment of account is not valid counterclaim in action for balance of price. In action to recover balance for goods sold and delivered, where counterclaim was entered by defendant covering an account due him on oral contract, which he asserted was purchased outright from him and transferred to plaintiff by his written assignment, held that this assignment, which was absolute on its face, did not constitute an outright purchase of such account by plaintiff but was turned over and later assigned to plaintiff merely for the purpose of collecting same, if possible, for defendant's benefit and credit, and there was therefore no merit in defendant's counterclaim.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. WENDELL E. GREEN, Judge, presiding.
Reversed and judgment here. Heard in the second division, first district, this court at the October term, 1943;
Harry S. Greenstein, for appellant;
Harry F. Brewer, of counsel.
Black Beermann, for appellee;
Benjamin H. Black, of counsel.
Not to be published in full. Opinion filed May 2, 1944.