Weiner v. Exchange National Bank

Howard Zuker, the third-party plaintiff, received a judgment in the amount of $3,992.46 against Leon Gutman, the third-party defendant, after a bench trial in a contract action in the circuit court of Cook County. Zuker appeals from that judgment, alleging that he was entitled to a judgment in excess of $19,000. Gutman cross-appeals, arguing that he has no liability to Zuker.

The original plaintiff, Aaron B. Weiner,1 sold a building to Zuker. As part of the sale, Zuker gave a purchase money second mortgage of $100,295.07 securing a note to Weiner which provided that Zuker “promises to pay (or…