Des Plaines Motor Sales, Inc. v. Whetzal

MR. PRESIDING JUSTICE DEMPSEY

delivered the opinion of the court.

This action was brought to recover the alleged balance due on a written agreement for the purchase of a new 1963 Chevrolet automobile. A summary judgment was rendered in favor of the plaintiff in the amount of $1,000. The defendant makes several arguments in his appeal but his chief one is that the pleadings and affidavits before the trial court created a genuine issue of fact which requires determination by a jury.

The controversy centers on a car order form which was prepared on November 10, 1962, by John M. Leahy,…