Awotin v. Atlas Exchange National Bank of Chicago

Mr. Presiding Justice Gridley

delivered the opinion of the court.

In an action in assumpsit, tried before a jury in March, 1931, at the conclusion of plaintiff’s evidence the court, on defendant’s motion, directed the jury to return a verdict in defendant’s favor. Such verdict was returned, and, on May 23, 1931, the court entered judgment against plaintiff for costs and he appealed.

Plaintiff’s declaration consisted of a special count and the common counts. In the special count he alleged that on November 1, 1929, at Chicago, defendant offered to sell to him “$35,000 Dollars First National…