Russell v. Klein

Mr. PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court:

This matter comes before this court for a fourth time on plaintiff’s appeal from a judgment ordering the return to defendants of monies they had paid in partial satisfaction of a judgment obtained by plaintiff against them.

Plaintiff obtained a judgment by confession in 1966 and, after execution had issued, defendants in 1970 paid *22,000 in partial satisfaction. Thereafter, on motion of defendants, the trial court found that the 1966 judgment had been satisfied by virtue of an oral agreement between plaintiff and Yvonne Klein prior…