KIMEN v. ATLAS EXCHANGE NATIONAL BANK OF CHICAGO(1935)
April 29, 1935
Mr. Edward C. Higgins, of Chicago, Ill. (Messrs. Samuel A. Ettelson and Herbert A. Salzman, both of Chicago, Ill., on the brief), for petitioner.
Mr. Daniel M. Healy, of Chicago, Ill., filed brief for respondent.
Mr. Justice STONE delivered the opinion of the Court.
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 [295 U.S. 215, 216] 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