Parsons v. Northern Illinois Coal & Iron Co. of La Salle
Citations
- 38 Ill. 430
Syllabus
<p>1. Limitations—of a new promise. In order to remove the bar of the statute of limitations by a new promise made within the period of limitation, it is necessary there should be shown, either an express promise to pay the money; a conditional promise, with performance of the condition; or an unconditional admission of the justice of the debt.</p> <p>2. So, where the debtor expresses a willingness to pay the claim provided certain credits are allowed him, and a particular item stricken out, to which the creditor declines to accede, there is no sufficient promise to pay, nor acknowledgment of the justice of the debt, to relieve it from the operation of the statute.</p>
Judges: Walker
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