Appellate Court of Illinois April 8, 1963, Gen. 48,823 (Johnson v. Schuberth)

ENGLISH, J.,

dissenting:

I agree with the majority’s statement of the law to the effect that judgment should not be entered on the pleadings if an issue of fact has been raised. I believe that a very important material issue of fact was raised by defendant’s answer, and, in consequence, I must dissent.