Mayer v. Astor Auto Co.

Appellate Court of Illinois

Mayer v. Astor Auto Co.

181 Ill. App. 442, 1913 Ill. App. LEXIS 281

CourtAppellate Court of Illinois

DecidedJune 24, 1913

DocketGen. No. 17,668

StatusPublished

This text of 181 Ill. App. 442 (Mayer v. Astor Auto Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mayer v. Astor Auto Co., 181 Ill. App. 442, 1913 Ill. App. LEXIS 281 (Ill. Ct. App. 1913).

Pincite

Opinion

Mr. Presiding Justice F. A. Smith

delivered the opinion of the court.

The defendant in error, Leonard H. Mayer, doing business as Mayer’s Garage, sued the Astor Auto Company, plaintiff in error, for the balance on a bill for repairs and storage of certain automobiles of the plaintiff in error. The bill covers a period of a number of months. Most of the items were not disputed. The items in dispute were set out by the plaintiff in error, defendant below, in its affidavit of merits, in which it claimed that it was entitled to a credit from the plaintiff in the sum of $24.10, and specifying the items making up this amount. No evidence was offered by the plaintiff in error tending to show that it was entitled to this credit. The only evidence offered in the case was that of Leonard H. Mayer, who was called as a witness and gave testimony as to the items making up the sum of $24.10 and the other items contained in the defendant in error’s statement of claim.

Upon a consideration of the evidence, we are of the opinion that the judgment of the court below is correct and ought not to be disturbed. The judgment is affirmed.

Affirmed.

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Mr. Presiding Justice F. A. Smith

delivered the opinion of the court.

The defendant in error, Leonard H. Mayer, doing business as Mayer’s Garage, sued the Astor Auto Company, plaintiff in error, for the balance on a bill for repairs and storage of certain automobiles of the plaintiff in error. The bill covers a period of a number of months. Most of the items were not disputed. The items in dispute were set out by the plaintiff in error, defendant below, in its affidavit of merits, in which it claimed that it was entitled to a credit from the plaintiff in the sum of $24.10, and specifying the items making up this amount. No evidence was offered by the plaintiff in error tending to show that it was entitled to this credit. The only evidence offered in the case was that of Leonard H. Mayer, who was called as a witness and gave testimony as to the items making up the sum of $24.10 and the other items contained in the defendant in error’s statement of claim.

Upon a consideration of the evidence, we are of the opinion that the judgment of the court below is correct and ought not to be disturbed. The judgment is affirmed.

Affirmed.

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Bluebook (online)

181 Ill. App. 442, 1913 Ill. App. LEXIS 281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mayer-v-astor-auto-co-illappct-1913.