JAMES F. GOODWIN, INC. v. GEORGE W. BOWERS CO.

Gen. No. 47,823.

24 Ill. App.2d 158 (1960)

164 N.E.2d 278

James F. Goodwin, Inc., Plaintiff-Appellee, v. George W. Bowers Company, Inc., Defendant-Appellant.

Appellate Court of Illinois — First District, First Division.

Released for publication February 24, 1960.


Attorney(s) appearing for the Case

McCarthy, Witry, Lyon, and McCarthy, of Chicago, for appellant.

Roger W. Barrett, John T. Moore, and Edward R. Lev, all of Chicago (Mayer, Friedlich, Spiess, Tierney, Brown, and Platt, of counsel) for plaintiff.


PRESIDING JUSTICE DEMPSEY delivered the opinion of the court.

James F. Goodwin, Inc., brought this suit to recover unpaid rent from George W. Bowers Co., which was the guarantor of two defaulted leases. The defendant denies there was consideration for its guarantee, and appeals from a summary judgment entered in favor of the plaintiff.

In 1954 Goodwin leased two premises to Peter Epsteen Motors, Inc., for five years. On February 3, 1955, Epsteen assigned the...

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