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PRUITT OFFICE MACHINES v. LIBERTY NAT. BANK

Gen. No. 44,931.

341 Ill. App. 146 (1950)

93 N.E.2d 104

Pruitt Office Machines, Inc., Appellant, v. Liberty National Bank of Chicago et al., Appellees.

Appellate Court of Illinois.

Released for publication June 15, 1950.

Attorney(s) appearing for the Case

HERSHENSON & HERSHENSON and JAMES B. McKEON, all of Chicago, for appellant.

FIEDLER & AMBERG, of Chicago, for appellees; THOMAS AMBERG and DANIEL R. LABAR, both of Chicago, of counsel.

MR. JUSTICE SCHWARTZ delivered the opinion of the court.

Plaintiff's complaint consisted of two counts, one in equity alleging a vendor's lien and seeking to foreclose it, and one at law to recover $4,000 claimed to be due under the terms of a lease. Defendants filed a motion to dismiss the equity count. The court sustained the motion and dismissed "the complaint in chancery," leaving for trial the issue in law. From this, plaintiff appealed.

Plaintiff was...

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