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MALKOV LUMBER CO., INC. v. WOLF

No. 54622.

3 Ill. App.3d 52 (1971)

278 N.E.2d 481

MALKOV LUMBER COMPANY, INC., Plaintiff-Appellant, v. LOU WOLF et al., Defendants — (MOE FORMAN, Defendant-Appellee.)

Appellate Court of Illinois — First District.

December 3, 1971.

Attorney(s) appearing for the Case

Louis A. Rosenthal, of Chicago, for appellant.

Harry G. Fins, of Chicago, for appellee.

Reversed and remanded.

Mr. JUSTICE LORENZ delivered the opinion of the court:

Plaintiff appeals from a judgment in favor of defendant Forman in an action based upon an account stated. Defendant Wolf is not a party to this appeal. On appeal plaintiff contends that it stated a prima facie case which defendant failed to rebut and therefore admitted.

In its complaint plaintiff alleged that defendants had a running, open book account for the purchase...

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