Steude v. Fischer
Appellate Court of Illinois
Memorandum.—Assumpsit upon a written contract. Pleas of the general issue and statute of limitations with general replication. Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Heard in this court at the March term, A. D. 1893.
1Opinion of the Court
Opinion of the Court,
Gary, P. J.
September 3, 1890, Edward Fischer sued the appellant for work done under a contract in writing, made the 22d day of March, 1880, to be performed by the 29th day of May following.
Fischer died, and the appellee was, as his administratrix, substituted as plaintiff. The appellant pleaded the limitation of ten years, on which the appellee took issue.
There was neither replication nor evidence of a new promise, but the court gave for the appellee this instruction :
“ The court instructs the jury that in cases lilce the one on trial, unless the action is commenced…
2Cases cited5 opinions
- Keener v. CrullIllinois Supreme Court · 1857
- Watkins v. StevensNew York Supreme Court · 1848
- Carshore v. HuyckNew York Supreme Court · 1849
- Prescott v. MaxwellIllinois Supreme Court · 1868
- Varner v. VarnerIllinois Supreme Court · 1873