Ashmore v. Wolf

Full title: W. A. Ashmore et al., Appellees, v. T. A. Wolf, Appellant

Court: Appellate Court of Illinois, Chicago, First District

Date published: Dec 20, 1945

327 Ill. App. 413 (Ill. App. Ct. 1945)

64 N.E.2d 215

Opinion

Gen. No. 43,075. (Abstract of Decisions.)

Opinion filed December 20, 1945 Rehearing denied January 8, 1946 Released for publication January 8, 1946

LIMITATIONS OF ACTION, § 209^_ — payments by stranger to contract as insufficient to toll statute of limitations. In action on written agreement involving sale of certain oil royalties, where it appeared that suit was filed almost 12 years after breach of contract, and defendant contended plaintiffs' right was barred by statute of limitations and plaintiffs alleged that payments made to them by stranger to contract, of which defendant had no knowledge, removed bar of statute, held that such payments were not sufficient to toll statute of limitations.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Superior Court of Cook county; the Hon. JOHN P. McGOORTY, Judge, presiding.

Judgment reversed. Heard in the third division, first district, this court at the June term, 1944.

Ekern, Meyers Matthias, for appellant;

Donald L. Thompson, William G. Chorn and Arthur F. Gruenwald, of counsel;

Alfred J. Cilella, for appellees;

J. Kentner Elliott, of counsel.

Opinion by JUSTICE LEWE.

Not to be published in full. Opinion filed December 20, 1945; rehearing denied January 8, 1946; released for publication January 8, 1946.