Rudolph-Christy Casket Co. ex rel. Janisch v. Tancl

Mr. Presiding Justice Gridley

delivered the opinion of the court.

On July 10, 1924, an action in assumpsit was commenced in the municipal court against the defendant, Tancl, to recover a balance claimed to be due for certain merchandise sold and delivered. After defendant had filed an affidavit of merits, in which he denied any indebtedness to the Casket Company, or to its assignee, Janisch, the cause was, on October 20, 1924, and upon plaintiff’s motion, referred to William H. Dellenback, as referee, “to take and state the account of the parties and return the same, with the objections, if…