Jones v. Maxton
Appellate Court of Illinois
Assumpsit, for goods, wares and merchandise sold and delivered. Appeal from the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding.
1Opinion of the CourtJustice Waterman
The obligation of appellants to pay $1,450. either to appellee or the D. & M. Stone Company, was, before suit, a number of times admitted by appellants, and upon the trial does not seem to have been seriously disputed, save by a claim, by way of recoupment and set-off, for damages then claimed, because, as they then insisted, the store was not furnished as soon as, under the contract, it should have been.
There was no pleading under which such damages could have been recovered as a set-off; they were, however, a proper subject for recoupment.
The claim for such allowance seems to have been an…
2Cited by2 opinions
- Grove ex rel. Roy Hamm Post No. 101 American Legion v. Board of SupervisorsAppellate Court of Illinois · 1927
- Continental Casualty Co. v. MaxwellAppellate Court of Illinois · 1906