Dendy v. Russell

Citations

• 84 Kan. 377
• 114 P. 239
• 1911 Kan. LEXIS 336

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Actions and Remedies — Limitation of Actions — Counter Claim for Expenses of Litigation. The appellants sued on the covenants of warranty of title in a bill of sale. In a former suit' on the same cause of action it was adjudged that they could not maintain an action at that time because of an oral agreement not to sue until other litigation terminated. Held: (1) That while they were prevented from maintaining the action the statute of limitations was tolled; (2) that an objection to any testimony under a counter claim for damages, expenses and attorney fees in defending the former action was properly sustained, there being no claim that the former action was not prosecuted in good faith, and any claim arising out of the breach of the agreement to forbear being barred by the statute of limitations.</p>