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PAOLI v. ZIPOUT, INC.

Gen. No. 11,225.

21 Ill. App.2d 53 (1959)

157 N.E.2d 79

Stephen A. Paoli and Arthur Paoli, Copartners, d/b/a Arthur Paoli & Son, Plaintiffs-Appellants, v. Zipout, Inc., an Illinois Corporation, Defendant-Appellee.

Appellate Court of Illinois — Second District, First Division.

Released for publication April 11, 1959.

Attorney(s) appearing for the Case

Miller, Thomas, Hickey & Collins, of Rockford (Francis E. Hickey, Edwin T. Powers, Jr., of counsel) for appellants.

Hyer, Gill & Brown, of Rockford (James M. Brown, of counsel) for appellee.

JUSTICE McNEAL delivered the opinion of the court.

Stephen A. Paoli and Arthur Paoli, copartners, brought this suit to cancel a license agreement granted to the defendant, Zipout, Inc. In a previous suit the Paolis had dismissed a count for cancellation of the contract and had proceeded to judgment against defendant on a count for royalties due under the agreement. The trial court held that by such procedure plaintiffs had elected to affirm the agreement, and were...

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