Economy Fuse & Mfg. Co. v. Raymond Concrete Pile Co.

LINDLEY, District Judge.

Plaintiff appeals from a judgment based upon a ruling overruling plaintiff’s demurrer to defendant’s plea of the Statute of Limitations to each count of the declaration. The pleadings, filed when common law procedure was the rule in . Illinois, were, as provided by the Conformity Act, 28 U.S.C.A. § 724, in accord with that practice.

The declaration contained seven counts, paragraphs 1 to S, inclusive, of each of which are identical and include substantially the averments following. Plaintiff, having decided to erect a building for the housing of its office, machinery…