#### Paul Matt and Charles Matt, Defendants in Error, v. Jacob Matt, Plaintiff in Error.

Gen. No. 17,818.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Edwin K. Walkeb, Judge, presiding. Heard in this court at the October term, 1911.

Affirmed.

Opinion filed October 13, 1913.

Statement of the Case.

Action by Paul Matt and Charles Matt, minors, by Charles Matt, their guardian, against Jacob Matt to recover Five Hundred Dollars claimed to be due them from the defendant. From a judgment for plaintiffs for sum sued for, defendant brings error.

Edward R. Litzinger, for plaintiff in error.

John C. King & James D. Power, for defendants in error.

*313Abstract pf the Decision.

1. Limitation of actions, § 37 * —suits hy minors. In an action by minors to recover money due, defendant cannot invoke the statute of limitations, since under statute of limitations, Ch. S3, § 21; J. & A. If 7216, such .plea is not good.

2. Guardian and ward, § 24*—power of guardian to contract. An agreement between a person owing minors and their guardian whereby the former agreed to pay when he collected certain mortgages, held not binding on the wards.

3. Payment, § 9*—agreement as to time of, construed. An agreement to pay a sum due when certain mortgages are collected is not a condition precedent to commencing suit therefor; it only gives a reasonable time to make the collection and pay the sum due.

*

See Illinois Notes Digest, Vola. XI to XIV, same topic and section number.

Mr. Justice Smith

delivered the opinion of the court.