Wooters v. King

Citations

• 54 Ill. 343

Syllabus

<p>1. Jury must decide questions of fact. In an action to recover the price of an article sold, in respect to which it is claimed there was a warranty and a breach thereof, if there be evidence on the subject of such defense, although contradictory, it is the right of the defendant to have the jury pass upon it, and it is error to refuse an instruction asked for that purpose.</p> <p>2. Limitations—of a new promise. It is not essential, to give effect to a new promise to pay a debt, so as to save the bar of the statute of limitations, that it should be an express promise. Any language of the debtor to the creditor, clearly admitting the debt to be due and unpaid, and showing an intention to pay it, will be considered an implied promise to pay, and will take the case out of the statute.</p>