Schrayer v. C. Doering & Son

Appellate Court of Illinois

Schrayer v. C. Doering & Son

211 Ill. App. 284, 1918 Ill. App. LEXIS 421

CourtAppellate Court of Illinois

DecidedMay 14, 1918

DocketGen. No. 23,591

StatusPublished

This text of 211 Ill. App. 284 (Schrayer v. C. Doering & Son) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schrayer v. C. Doering & Son, 211 Ill. App. 284, 1918 Ill. App. LEXIS 421 (Ill. Ct. App. 1918).

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Opinion

Mr. Justice McDonald

delivered the opinion of the court.

Abstract of the Decision. 1. Municipal Coubt of Chicago, § 13* — when error to strilce affidavit of defense from files. If an affidavit of defense sets forth a legal defense to any part of plaintiff’s claim, it is error to strike the affidavit from the files. 2. Municipal Coubt of Chicago, § 13* — when affidavit of defense is sufficient. In an action in the Municipal Court of Chicago to recover for goods, wares and merchandise under a written contract, an affidavit of defense states a good defense where it states that certain items in plaintiff’s statement of claim were samples furnished gratis to defendant and that owing to an advance in price of the merchandise plaintiff failed to make delivery as agreed upon in the contract, and that by reason of the breach of the contract defendant was obliged to purchase merchandise elsewhere at an increased price; that by reason thereof defendant sustained damages in excess of plaintiff’s claim for merchandise delivered, and that at the times when payment became due for merchandise delivered defendant offered to set off against the amounts due plaintiff damages due to plaintiff’s nondelivery of merchandise.

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Mr. Justice McDonald

delivered the opinion of the court.

Abstract of the Decision. 1. Municipal Coubt of Chicago, § 13* — when error to strilce affidavit of defense from files. If an affidavit of defense sets forth a legal defense to any part of plaintiff’s claim, it is error to strike the affidavit from the files. 2. Municipal Coubt of Chicago, § 13* — when affidavit of defense is sufficient. In an action in the Municipal Court of Chicago to recover for goods, wares and merchandise under a written contract, an affidavit of defense states a good defense where it states that certain items in plaintiff’s statement of claim were samples furnished gratis to defendant and that owing to an advance in price of the merchandise plaintiff failed to make delivery as agreed upon in the contract, and that by reason of the breach of the contract defendant was obliged to purchase merchandise elsewhere at an increased price; that by reason thereof defendant sustained damages in excess of plaintiff’s claim for merchandise delivered, and that at the times when payment became due for merchandise delivered defendant offered to set off against the amounts due plaintiff damages due to plaintiff’s nondelivery of merchandise.

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211 Ill. App. 284, 1918 Ill. App. LEXIS 421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schrayer-v-c-doering-son-illappct-1918.