WILLENS v. CITY OF NORTHLAKE

Gen. No. 47,371.

19 Ill. App.2d 316 (1958)

152 N.E.2d 486

Joseph R. Willens, Appellant, v. City of Northlake, a Municipal Corporation, Appellee.

Appellate Court of Illinois — First District, Second Division.

Released for publication September 18, 1958.


Attorney(s) appearing for the Case

Hoellen & Willens, of Chicago (John J. Hoellen, Sherwin Willens, and Floyd B. Manilow, of counsel) for appellant.

Edward B. O'Shea, Jr., of Chicago, for appellee.


JUSTICE KILEY delivered the opinion of the court.

This is an action to recover $11,000 paid by plaintiff contractor to defendant Village under the mistaken notion that the payments were required by ordinance. The cause was dismissed "with prejudice" on motion of the Village and plaintiff has appealed.

[1] The well pleaded facts are admitted by the Village's motion.

On November 12, 1956,...

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