#### Albert A. Newman, Appellee, v. Newman Clock Company, Appellant.

Gen. No. 20,950.

(Not to be reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. Hugh J. Kearns, Judge, presiding.

Heard in the Branch Appellate Court at the October term, 1915.

Reversed.

Opinion filed November 16, 1915.

*374Abstract of the Decision.

1. Appeal and error, § 1165 * —what is effect of confession of error. A confession of error does not preclude the consideration of errors not confessed.

2. Appeal and error, §1783 * —when reversal without remand proper on confession of error. Where, in an action to recover an instalment of salary, the appellee confessed error in the admission in evidence of a judgment in his favor for a prior instalment, which had since been-reversed by the Supreme Court holding that defendant was not liable, the court, notwithstanding plaintiff’s confession of error, may consider defendant’s assignment of error based upon the refusal of the trial court to give a peremptory instruction, and since, under the undisputed facts, there could be nO' recovery, may reverse without remanding.

Statement of the Case.

Action by Albert A. Newman, plaintiff, against the Newman Clock Company, defendant, in the Municipal Court of Chicago, to recover instalments of salary claimed under a written contract. Evidence, of a judgment obtained in a prior action brought to recover other instalments of salary under the same contract was admitted as an adjudication of the question of liability. Since the rendition of the judgment appealed from, such prior judgment has been reversed by the Supreme Court (268 Ill. 426, aff’g 191 Ill. App. 343), holding as matter of law that the acts of plaintiff shown by the record in that case amounted to a breach of the contract releasing defendant from liability thereon. From a judgment for plaintiff, defendant appeals.

Amos W. Marston and Winston, Payne, Strawn & Shaw, for appellant.

West & Eckhart, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Barnes

delivered the opinion of the court.