Ditch v. Vollhardt

Citations

• 82 Ill. 134

Syllabus

<p>1. Limitation—new promise. Where a debtor, within five years before suit brought, recognizes the debt as due, and expressly promises to pay a certain part of it by a day named, and thereby impliedly promises to pay the balance at some future time, this will be sufficient to prevent the bar of the Statute of Limitations.</p> <p>2. Receipt—may be explained or contradicted. Parol or other extraneous evidence is admissible to explain, vary or even contradict a receipt for money, and it is not necessary to deny the execution of the receipt, under oath, before the party can so contradict it.</p> <p>3. Interest—on liquidated amount. Where the sum due from one party to another is fixed, certain and agreed upon, interest at six per cent is recoverable thereon after it is due.</p>