Western Reserve National Bank of Trumbull County v. Supply Manufacturing Co.

Appellate Court of Illinois

Western Reserve National Bank of Trumbull County v. Supply Manufacturing Co.

185 Ill. App. 612, 1914 Ill. App. LEXIS 1186

CourtAppellate Court of Illinois

DecidedMarch 31, 1914

DocketGen. No. 19,277

StatusPublished

This text of 185 Ill. App. 612 (Western Reserve National Bank of Trumbull County v. Supply Manufacturing Co.) 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

Western Reserve National Bank of Trumbull County v. Supply Manufacturing Co., 185 Ill. App. 612, 1914 Ill. App. LEXIS 1186 (Ill. Ct. App. 1914).

Pincite

Opinion

Mr. Justice Clark

delivered the opinion of the court.

2. Set-off aisfd eecotjpment, § 28*—when pleas for recoupment in suit on notes demurrable. In an action on promissory notes given in settlement for a printing press sold to the defendant under a contract of sale which contained a guaranty that the press would produce certain results after a test and provided that settlement should be made upon fulfillment of the guaranty by payment of a certain amount in cash, a used press and the balance in notes secured by chattel mortgage, special pleas setting up by way of recoupment a claim for damages for breach of the guaranty held to be no defense to the action and demurrable, it appearing that settlement was to be made only after the press was demonstrated to do the work guarantied, and the pleas not alleging that the defendant delivered the old press or made the cash payment in accordance with the contract.

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Mr. Justice Clark

delivered the opinion of the court.

2. Set-off aisfd eecotjpment, § 28*—when pleas for recoupment in suit on notes demurrable. In an action on promissory notes given in settlement for a printing press sold to the defendant under a contract of sale which contained a guaranty that the press would produce certain results after a test and provided that settlement should be made upon fulfillment of the guaranty by payment of a certain amount in cash, a used press and the balance in notes secured by chattel mortgage, special pleas setting up by way of recoupment a claim for damages for breach of the guaranty held to be no defense to the action and demurrable, it appearing that settlement was to be made only after the press was demonstrated to do the work guarantied, and the pleas not alleging that the defendant delivered the old press or made the cash payment in accordance with the contract.

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Bluebook (online)

185 Ill. App. 612, 1914 Ill. App. LEXIS 1186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/western-reserve-national-bank-of-trumbull-county-v-supply-manufacturing-illappct-1914.