Eskildsen v. Chicago Macaroni Co.

Defendant appeals from a judgment against it of $487.07, entered upon trial' by the court. Plaintiff’s claim alleged this amount was due Niels Eskildsen, deceased, for merchandise sold by him to defendant; the claim was denied by defendant, which filed a counterclaim setting forth that the estate was indebted to it based upon a rent balance. The case was tried June 5, 1940, and judgment was in favor of plaintiff and against defendant on its counterclaim.

Defendant makes the point that on the day the case was tried and judgment entered, namely June 5, 1940, there was no plaintiff, as the…