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HAYNES v. MONTGOMERY WARD & CO.

Gen. No. 49,008.

47 Ill. App.2d 340 (1964)

198 N.E.2d 548

Delbert F. Haynes, Plaintiff, v. Montgomery Ward & Company, a Corporation, and The Fair, a Corporation, Defendants-Third-Party Plaintiffs-Appellants, v. Service Operations System of Illinois, Inc., a Corporation, Third-Party Defendant-Appellee.

Appellate Court of Illinois — First District, Second Division.

Rehearing denied May 19, 1964.

Attorney(s) appearing for the Case

Sidley, Austin, Burgess & Smith, of Chicago (James W. Kissel and Frederic F. Brace, Jr., of counsel), for appellants.

John Cadwalader Menk, of Chicago, for appellee.

MR. JUSTICE FRIEND delivered the opinion of the court:

Montgomery Ward and Company and The Fair, defendants and also third-party plaintiffs, appeal from the trial court's refusal to enforce a contract of indemnity in a third-party action arising out of a personal-injury suit. The original suit was filed in the Municipal Court of Evanston and later transferred to the Superior Court of Cook County. The third-party claim...

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