{ "id": 2593597, "name": "Geo. E. Lloyd & Co. v. The Manufacturers & Merchants Warehouse Co.", "name_abbreviation": "Geo. E. Lloyd & Co. v. Manufacturers & Merchants Warehouse Co.", "decision_date": "1902-07-02", "docket_number": "", "first_page": "551", "last_page": "554", "citations": [ { "type": "official", "cite": "102 Ill. App. 551" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "15 Ill. 343", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 436524 ], "opinion_index": 0, "case_paths": [ "/ill/15/0343-01" ] }, { "cite": "70 Ill. 91", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5308601 ], "opinion_index": 0, "case_paths": [ "/ill/70/0091-01" ] }, { "cite": "124 Ill. 27", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2929104 ], "opinion_index": 0, "case_paths": [ "/ill/124/0027-01" ] }, { "cite": "14 Ill. App. 577", "category": "reporters:state", "reporter": "Ill. App.", "case_ids": [ 4875871 ], "opinion_index": 0, "case_paths": [ "/ill-app/14/0577-01" ] } ], "analysis": { "cardinality": 392, "char_count": 7260, "ocr_confidence": 0.555, "pagerank": { "raw": 1.4292197538457575e-07, "percentile": 0.6508001045620806 }, "sha256": "7a5449b764123bf0198cf089f56be81359027e43d1be6f9c67d7246782097b2b", "simhash": "1:e5138c35bd09c2db", "word_count": 1208 }, "last_updated": "2023-07-14T14:51:35.524386+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Geo. E. Lloyd & Co. v. The Manufacturers & Merchants Warehouse Co." ], "opinions": [ { "text": "Mr. Justice Waterman\ndelivered the opinion of the court.\nBecoupment is a defense arising out of the subject-matter of the plaintiff\u2019s claim. It is an innovation upon the strict rules of the common law, sanctioned by the courts for the purpose of doing equity between the parties; it tends to promote justice and avoid a multiplicity of suits. It is necessary that this defense arise out of and be connected with the transaction or contract upon which the suit is brought, but it is not essential that the opposing claims should be of the same character.\nA claim originating in tort may, by way of recoupment, be set up as a defense to a claim growing out of contract, provided both arise out of the same subject-matter and are susceptible of adjustment in one action. Waterman on Set-off and Becoupment, Secs. 463-464.\nSet-off is a counter demand which the defendant has against the plaintiff; it usually arises out of a transaction extrinsic to the plaintiff\u2019s cause of action; and if the set-off allowed be more than the allowable claim of the plaintiff, judgment for the excess may, \"in the action, be awarded to the defendant against the plaintiff. Waterman on Set-off, Sec. 2; Kingman v. Draper, 14 Ill. App. 577; Steere v. Brownell, 124 Ill. 27; East v. Crow, 70 Ill. 91.\nUnlike the defense of recoupment a claim for damages based upon a tort can not be set up against one founded entirely upon contract. Set-off must be pleaded or interposed under notice; recoupment may be had under the general issue.\nWhat is said, many times, to the effect that unliquidated damages can not be set off, has reference only to unliquidated damages arising out of tort.\nThe words \u201c guarantee against lower quotations \u201d are not a contract to maintain prices, but an agreement that the price given to appellee shall be as low as that allowed to any one.\nSuch agreement is not in violation of the \u201c anti-trust statute.\u201d The peculiar significance which particular words, letters or characters have in various lines of business and in contracts made in respect thereto need not be old, or known to all. The letters \u201cO. K.\u201d in receipts, speedily became common and well understood; the same was the case with il O. I. P.\u201d in fire insurance policies.\nIn interpreting a written contract the first question is, what did the parties mean by the words and characters they made use of. In determining what each is bound to do, proof of usage so ancient, common and well understood that the parties must be presumed to have contracted with reference thereto, may be given.\nThe receipt \u201c in full of all claims \u201d is not conclusive as against matters not then known, and which appellant had concealed from appellee. Between the parties thereto, a receipt is always open to explanation. Frink v. Bolton, 15 Ill. 343.\nThe judgment of the Superior Court is affirmed.", "type": "majority", "author": "Mr. Justice Waterman" } ], "attorneys": [ "Bangs, Wood & Bangs, attorneys for plaintiff in error.", "Defress, Brace & Ritter, attorneys for defendant in error." ], "corrections": "", "head_matter": "Geo. E. Lloyd & Co. v. The Manufacturers & Merchants Warehouse Co.\n1. Recoupment\u2014As a Defense. \u2014Recoupment is a defense arising out of the subject-matter of the plaintiff's claim; it is an innovation upon the strict rules of the common law, sanctioned by the courts for the purpose of doing equity between the parties, as it tends to promote justice and avoid a multiplicity of suits.\n3. Same\u2014When Claims Originating in Tort Hay Be Recouped Against Claims Growing out of Contracts.\u2014A claim originating in tort may, by way of recoupment, be set up as a defense to a claim growing out of contract, provided both arise out of the same subject-matter and are susceptible of adjustment in one action.\n3. Set-off\u2014A Counter Demand Which the Defendant has Against the Plaintiff.\u2014Set-off is a counter demand which the defendant has against the plaintiff; it usually arises out of a transaction extrinsic to the plaintiff\u2019s cause of action, and which, if allowed, exceeds the allowable claim of the plaintiff; judgment for the excess may be entered in favor of the defendant and against the plaintiff.\n4. Same\u2014Distinction Between. Recoupment and Set-off.\u2014Unlike the defense of recoupment, a claim for damages based upon a tort can not be set off against one founded entirely upon contract. Set-off must be pleaded or interposed under notice, but recoupment may be had under the general issue.\n5. Unliquidated Damages\u2014As a Set-off\u2014 What is frequently said to the effect that unliquidated damages can not be the subject of set-off has reference only to unliquidated damages arising out of tort.\nAssumpsit..\u2014Error to the Superior Court of Cook County; the Hon. Theodore Brent ano. Judge presiding.\nHeard in the Branch Appellate Court at the October term, 1901.\nAffirmed'.\nOpinion filed July 2, 1902.\nStatement.\u2014The plaintiff in error. Geo. E. Lloyd & Co., performed certain work, and furnished certain material subsequent to January 2, 1899, to the Manufacturers and Merchants Warehouse Co., the value of which in total amounted to the sum of $342.88.\nThe parties to this suit at the date thereof respectively gave and accepted the following order:\n\u201c Messes. Geoege E. Lloyd & Company, Chicago.\nChicago, September 25th, 1897.\nGentlemen :\u2014Please enter our order for 5,(>00 special two-piece hangers as per sketch and specifications hereto attached, to be taken during the season ending September 1st, 1898, prices to be as follows :\nNickeled....................................$1.65 each\nBlack......................................$1.30 each\nGuarantee against lower quotations.\nManueactukers & Merchants Warehouse,\nPer T. II. Eiddell.\u201d\nSpecifications were attached thereto. Under this contract a large number of hangers were sold by Lloyd & Go., and delivered to the warehouse company prior to September 1, 1898, the end of the season of that year.\nDuring the year 1898, settlements were made between the parties for thes\u00e9 hangers, at the price named in the contract. January 6, 1899, a bill was presented by the plaintiff in error to the defendant in error, showing a balance due it, for these hangers, of $622.02. At that time defendant in error claimed an off-set of $137.50 against said bill, which was allowed by the plaintiff in error, whereupon the defendant in error gave to Lloyd & Company its check for $184.50 and a receipt in full of all claims to that date.\nAfter January 6, 1899, the defendant in error claims to have learned that the plaintiff in error had been selling hangers described in the contract, to others, at the rate of $1.50 each. Thereupon the defendant in error made a claim against the plaintiff in error under the contract of September 25, 1897, for a rebate of fifteen cents each on 4,033 hangers, having twenty-four tooth sprockets, and ten cents each on 1,400 twenty-five tooth sprockets, sold to and paid for by it under the agreement of September 25, 1897.\nDefendants in error filed a notice of set-off for such claim.\nLloyd & Company, as before stated, about January, 1899, furnished to the warehouse company goods and labor amounting to $342.88. This was not done under the contract of September 25,1897, nor had it any connection with such contract. For this $342.88, Lloyd & Company brought suit and the warehouse company\u2019s alleged set-off was the only matter disputed at the trial.\nBangs, Wood & Bangs, attorneys for plaintiff in error.\nDefress, Brace & Ritter, attorneys for defendant in error." }, "file_name": "0551-01", "first_page_order": 567, "last_page_order": 570 }