KELL v. KOSARY

Gen. No. 51,623.

93 Ill. App.2d 400 (1968)

236 N.E.2d 349

Leslie Kell, Plaintiff-Appellee, v. Alois Kosary, as Administrator of the Estate of Gertrude Kosary, Deceased, and Louis Kosary, Defendants-Appellants.

Appellate Court of Illinois — First District, Fourth Division.

March 27, 1968.


Attorney(s) appearing for the Case

Mathew K. Szygowski, Moriarity, Rose, Faccenda & Hultquist, of Chicago, for appellants.

Walter F. Briody, of Blue Island, for appellee.


MR. JUSTICE DRUCKER delivered the opinion of the court.

Defendants appeal from a judgment of $8,947.47 entered in favor of plaintiff after a bench trial. On appeal defendants contend that plaintiff's claim for "extras" was barred by the Statute of Limitations, that the absence of a written agreement for extras as required by the contract barred the claim and that the testimony of plaintiff's wife was incompetent.

The original complaint was filed on May 23...

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