West Coast Timber Co. v. Hughitt

Appellate Court of Illinois

West Coast Timber Co. v. Hughitt

185 Ill. App. 500

CourtAppellate Court of Illinois

DecidedMarch 26, 1914

DocketGen. No. 18,915

StatusPublished

Cited by2 cases

This text of 185 Ill. App. 500 (West Coast Timber Co. v. Hughitt) 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

West Coast Timber Co. v. Hughitt, 185 Ill. App. 500 (Ill. Ct. App. 1914).

Pincite

Opinion

Mr. Justice Scanlan

delivered the opinion of the court.

2. Limitation of actions, § 21*—when statute begins to run on contracts constituting one transaction. In an action to recover the price of four carloads of lumber shipped and delivered to defendants at different times, evidence held sufficient to show that the several shipments were merely parts of one transaction and that the statute began to run from the date of the last delivery so that the claim for all the other shipments were saved from the bar. 3. Set-off and becoupment, § 28*—when defense of recoupment is waived. In an action on a contract where the defendant filed with their pleas an affidavit of merits which did not include a defense of recoupment for damages, held that the defense of recoupment was thereby waived.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Justice Scanlan

delivered the opinion of the court.

2. Limitation of actions, § 21*—when statute begins to run on contracts constituting one transaction. In an action to recover the price of four carloads of lumber shipped and delivered to defendants at different times, evidence held sufficient to show that the several shipments were merely parts of one transaction and that the statute began to run from the date of the last delivery so that the claim for all the other shipments were saved from the bar. 3. Set-off and becoupment, § 28*—when defense of recoupment is waived. In an action on a contract where the defendant filed with their pleas an affidavit of merits which did not include a defense of recoupment for damages, held that the defense of recoupment was thereby waived.

Cite This Page — Counsel Stack

Bluebook (online)

185 Ill. App. 500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-coast-timber-co-v-hughitt-illappct-1914.

Opinion

Related

Cite This Page — Counsel Stack