Illinois Publishing & Printing Co. v. Peoples Gas Light & Coke Co., 185 Ill. App. 627 (1914)

April 1, 1914 · Illinois Appellate Court · Gen. No. 18,662

185 Ill. App. 627

Illinois Publishing and Printing Company, Appellee, v. The Peoples Gas Light and Coke Company, Appellant.

Gen. No. 18,662.

(Not to be reported in full.)

Abstract of the Decision.

1. Municipal Court op Chicago, § 29 ^* —when striking affidavit of merits and claim for set-off from files is error. In an action to recover pay for publishing advertisements, defendant filed an affidavit of merits alleging that the defendant in pursuance of a written contract with plaintiff purchased a contract for advertising space in another publication subsequently absorbed by plaintiff and alleging that it was the duty of plaintiff to publish advertisements for defendant and apply the charges on the contract for space purchased by defendant. Defendant also filed a claim of set-off for breach of contract. Held that the court erred in striking the affidavit of merits and the claim of set-off from the files.

Appeal from the Municipal Court of Chicago; the Hon. Habry Olson, Judge, presiding.

Heard in the Branch Appellate Court at the October term, 1912.

Reversed and remanded.

Opinion filed April 1, 1914.

Statement of the Case.

Action by Illinois Publishing and Printing Company against The Peoples Gas Light and Coke Company to recover pay for publishing advertisements in the Chicago Examiner at the instance of the defendant,' the plaintiff being a corporation engaged in printing and publishing a newspaper' known as the Chicago Examiner. Judgment was entered in favor of plaintiff on a directed verdict for $1,767.40. From the judgment, defendant appeals.

Sears, Meagher & Whithey, for appellant; James G. Meagher and Edwih Hedrick, Jr., of counsel.

Boy D. Keehh, for appellee.

* Sea Illinois Notes Digest, Veis. XI to XV, same topic and section number.

* See Illinois Notes Digest, Yols. XI to XV, same topic and section number.

Mr. Presiding Justice Graves

delivered the opinion of the court.

2. Set-oee and recoupment, § 10 ^* —when claim for set-off not for unliquidated damages. A claim of set-off for breach of contract to publish advertisement held not for unliquidated damages, where there was no conflict as to the value of the space used or as to how much in dollars and cents the space used represents, and the amount still due under the contract being a mere matter of subtraction.

3. Appeai and ebror, § 969 ^* —when written instrument not presented for review. A writing which was not introduced in evidence and nowhere preserved in the record is not presented for review.