Nachbour v. Wiener

This was a suit in assumpsit brought to the January term of the Will County Circuit Court, and was brought for the purpose of recovering one month’s rent for a certain store building, which appellants had before that time rented of appellee. A jury was waived and the case tried by the court, by agreement, under a stipulation, to the effect that all formal pleadings should be waived, and that both parties should be at liberty to offer any proof that would or could be admissible under formal pleadings, appropriate to the nature of the controversy, and no question arises on the pleadings.

The…