Perfection Pulverizing Mills v. Keiser

Appellate Court of Illinois

Perfection Pulverizing Mills v. Keiser

203 Ill. App. 383, 1917 Ill. App. LEXIS 250

Appellate Court of Illinois·Decided February 7, 1917·No. Gen. No. 21,504·Published

Opinion

Mr. Justice Taylor

delivered the opinion of the court.

4. Skr-osF and recoupment, § 13*—when undisclosed agent may claim set-off available to principal. An undisclosed agent sued upon a contract made by him with reference to his principal’s business has as much right to claim set-off in such action as his principal. 5. Judgment, § 475*—when judgment on set-off by agent is res adjudícala as to principal. Recovery on set-off made by an undisclosed agent when sued for a debt of the principal is res adjudicata as to both him and his principal. " 6. Appeal and error, § 1256*—when party may not complain of instruction. A party cannot complain of an alleged erroneous instruction which is favorable to him.

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Mr. Justice Taylor

delivered the opinion of the court.

4. Skr-osF and recoupment, § 13*—when undisclosed agent may claim set-off available to principal. An undisclosed agent sued upon a contract made by him with reference to his principal’s business has as much right to claim set-off in such action as his principal. 5. Judgment, § 475*—when judgment on set-off by agent is res adjudícala as to principal. Recovery on set-off made by an undisclosed agent when sued for a debt of the principal is res adjudicata as to both him and his principal. " 6. Appeal and error, § 1256*—when party may not complain of instruction. A party cannot complain of an alleged erroneous instruction which is favorable to him.

Perfection Pulverizing Mills v. Keiser, 203 Ill. App. 383, 1917 Ill. App. LEXIS 250 (Ill. Ct. App. 1917).

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