Opinion
Gen. No. 9,243. (Abstract of Decision.)
Opinion filed October 15, 1940.
TENDER, § 15 — before trial, effect. In action for value of half a crop which plaintiff contended he was entitled to under an agreement with defendant for cultivating certain land, where defendant contended that the undertaking was his mother's and not his own, but before trial in justice court defendant made a tender of $25, such tender waived defense that he was not personally liable, and it could not be contended that tender was not waiver because Civil Practice Act permitted pleading of inconsistent defenses, because proceedings before justice of the peace are not within scope of Civil Practice Act.
See Callaghn's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Christian county; Hon. F.R. DOVE, presiding.
Affirmed. Heard in this court at April term, 1940.
PROVINE WILLIAMS, for appellant;
FKESHER TAYLOR and THOMAS SWEENEY, for appellee.
"Not to be published in full." Opinion filed October 15, 1940.