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Wilke Metal Products, Inc. v. David Architectural Metals, Inc.

Citations: 204 N.E.2d 35; 55 Ill. App. 2d 34; 1965 Ill. App. LEXIS 625Docket: Gen. 49,620

Court: Appellate Court of Illinois; January 13, 1965; Illinois; State Appellate Court

Narrative Opinion Summary

In this contractual dispute between a manufacturing company (plaintiff/appellant) and a metalworks company (defendant/appellee), the plaintiff sought payment for aluminum window frames fabricated under contract. The contract was valued at $112,000, with a balance of $8,404.80 due. While an initial batch of welded frames was satisfactory, the majority produced through extrusion was deemed defective after installation. The defendant counterclaimed for $13,649.20, alleging a breach of warranty. The trial court ruled in favor of the defendant, awarding $4,500 and costs. On appeal, the court concluded that the order was not final or appealable, as no formal judgment had been entered, thereby dismissing the appeal for lack of jurisdiction. The appellate court reiterated the appellant's duty to ensure a final judgment was recorded to pursue an appeal. Consequently, the plaintiff's appeal was dismissed, and the trial court's decision stood, reflecting the defendant's partial recovery under the counterclaim.

Legal Issues Addressed

Breach of Warranty in Contractual Disputes

Application: The defendant's counterclaim was based on a breach of warranty due to the defective nature of the majority of the aluminum window frames.

Reasoning: The defendant counterclaimed for $13,649.20, citing breach of warranty.

Final Judgment Requirement for Appeal

Application: The appellate court highlighted the necessity of a final judgment for an appeal to be considered, indicating that the plaintiff failed to ensure such a judgment was entered.

Reasoning: The appellate court, however, determined that the order was not final or appealable, citing the precedent that a finding without a formal judgment does not allow for an appeal.

Responsibility of the Appellant

Application: The court outlined the appellant's duty to procure a final judgment should they wish to challenge an adverse ruling on appeal.

Reasoning: The court emphasized that it was the plaintiff's responsibility to ensure a final judgment was recorded if they wished to appeal the adverse finding.