New York Hamilton Corp. v. First Illinois Co.

Mr. Presiding Justice McSurely

delivered the opinion of the court.

Plaintiff brought suit in assumpsit to recover an amount claimed to be due on a written contract. Defendant filed its amended affidavit of defense which, on motion of plaintiff, was stricken for insufficiency of law and judgment was entered for plaintiff in the sum of $8,852.47, from which defendant appeals, presenting in this court only the question of the sufficiency of its amended affidavit of defense.

Plaintiff alleged a written promise by defendant to buy back certain bonds and its refusal to do so and plaintiff sought to…