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ELECTRIC SUPPLY CORP. v. OSHER

No. 81-1389.

105 Ill. App.3d 46 (1982)

433 N.E.2d 732

ELECTRIC SUPPLY CORPORATION, Plaintiff-Appellee, v. MARTIN OSHER, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed March 24, 1982.

Attorney(s) appearing for the Case

Robert M. Birndorf, of Law Offices of BERYL A. BIRNDORF, of Chicago, for appellant.

Stone, Pogrund & Korey, of Chicago (James P. Ziegler, of counsel), for appellee.

Reversed and remanded.

JUSTICE McNAMARA delivered the opinion of the court:

Defendant, Martin Osher, appeals from a judgment for $9,293.43 entered in favor of plaintiff, Electric Supply Corporation, after a trial without a jury. Defendant, sued as a personal guarantor of a trust receipt, maintained in the trial court that his liability had been discharged by payment of $10,116 on September 5, 1978, and that plaintiff misapplied this payment to an antecedent...

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