Kimen v. Atlas Exchange National Bank of Chicago/Opinion of the Court

by Harlan F. Stone

United States Supreme Court

295 U.S. 215

Kimen  v.  Atlas Exchange National Bank of Chicago

 Argued: April 10, 1935. ---

This case, which comes here on certiorari, 294 U.S. 703, 55 S.Ct. 545, 79 L.Ed. --, to the Appellate Court of Illinois, First District, is a companion case to Awotin v. Atlas Exchange National Bank of Chicago, 295 U.S. 209, 55 S.Ct. 674, 79 L.Ed. --, decided this day.

On As an inducement and consideration for the purchase, the respondent agreed to repurchase the bonds at their maturity, at par and accrued interest. In a suit brought by petitioner, to recover for breach of the contract and in general assumpsit to recover the purchase price of the bonds, the trial court gave judgment for petitioner, which was reversed by the Appellate Court, 275 Ill.App. 638 (opinion not reported), following its decision in Awotin v. Atlas Exchange National Bank, supra. The Supreme Court of the state denied leave to appeal. The issues raised are the same as those in the Awotin Case. For the reasons stated in our opinion in that case, the judgment is

Affirmed.

Notes