Riordan v. McIntosh

Full title: Mae L. Riordan, Appellant, v. Arthur T. McIntosh, Appellee

Court: Appellate Court of Illinois, First District

Date published: May 10, 1943

319 Ill. App. 248 (Ill. App. Ct. 1943)

48 N.E.2d 800

Opinion

Gen. No. 42,435. (Abstract of Decision.)

Opinion filed May 10, 1943

LIMITATIONS OF ACTION, § 40^_ — propriety of dismissal of action barred by limitation period. In action to recover money paid by plaintiff under contract for purchase of real estate, on ground that certain representations made by agent of seller were false, trial court did not err in striking statement of claim and dismissing suit, where it appeared from statement of claim that cause of action stated therein was barred by five-year statute of limitations (Ill. Rev. Stat. 1941, ch. 83, par. 16; Jones Ill. Stats. Ann. 107.275).

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

Appeal from the Municipal Court of Chicago; the Hon. CHARLES S. DOUGHERTY, Judge, presiding.

Affirmed. Heard in the first division, first district, this court at the October term, 1942.

Thomas C. Kennedy, for appellant;

Bluford, Krinsley, Schultz Voorheis, for appellee;

Victor Hedberg, of counsel.

Opinion by PRESIDING JUSTICE MATCHETT.

"Not to be published in full." Opinion filed May 10, 1943.