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FULTON ST. WHOLESALE MARKET CO. v. GUGGENHEIM

Gen. No. 49,279.

50 Ill. App.2d 217 (1964)

200 N.E.2d 388

Fulton Street Wholesale Market Co., an Illinois Corporation, Plaintiff-Appellee, v. Melvin Guggenheim, Defendant and Third Party Plaintiff-Appellee and Cross Appellant, v. Simon Alport, Third Party Defendant-Appellant.

Appellate Court of Illinois — First District, First Division.

Rehearing denied August 3, 1964.

Attorney(s) appearing for the Case

Glink & Glink, of Chicago, for appellant.

Edward J. Rothman and Herman L. Aaron, of Chicago, for appellee, Fulton Street Wholesale Market Co. Lowitz, Vihon & Lowitz, of Chicago (Jack Vihon, Donald S. Lowitz and Barry D. Sherman, of counsel), for appellee, Melvin Guggenheim.

MR. JUSTICE KLUCZYNSKI delivered the opinion of the court.

Third-party defendant, Simon Alport, appeals from a judgment entered against him and in favor of the plaintiff, Fulton Street Wholesale Market Company and defendant third-party plaintiff, Melvin Guggenheim. The defendant third-party plaintiff Melvin Guggenheim cross-appeals from a denial of his claim for special damages he sought from Alport.

On March 27, 1962 the plaintiff obtained a judgment by confession...

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