{
  "id": 2945347,
  "name": "Porter, Fishback & Company, Appellee, v. Ralph L. Peck, Appellant",
  "name_abbreviation": "Porter, Fishback & Co. v. Peck",
  "decision_date": "1917-02-19",
  "docket_number": "Gen. No. 22,655",
  "first_page": "211",
  "last_page": "212",
  "citations": [
    {
      "type": "official",
      "cite": "204 Ill. App. 211"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 167,
    "char_count": 1868,
    "ocr_confidence": 0.567,
    "sha256": "4dfea6b318ae151195a3046614193d2e4b3ac1d30c0bc6d919f8ddff4d80dba5",
    "simhash": "1:19dafe8c618f70b8",
    "word_count": 310
  },
  "last_updated": "2023-07-14T20:49:07.214052+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Porter, Fishback & Company, Appellee, v. Ralph L. Peck, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Holdom\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Holdom"
      }
    ],
    "attorneys": [
      "Rupert J. Barry, for appellant.",
      "Iles, O\u2019Connor, Eberhardt & Kesler, for appellee."
    ],
    "corrections": "",
    "head_matter": "Porter, Fishback & Company, Appellee, v. Ralph L. Peck, Appellant.\nGen. No. 22,655.\n(Not to be reported in full.)\nAppeal from the Municipal Court of Chicago; the Hon. Wiluam N. Gemmill, Judge, presiding. Heard in this court at the October term, 1916.\nAffirmed.\nOpinion filed February 19, 1917.\nRehearing denied March 5, 1917.\nStatement of the Case.\nAction by Porter, Fishback and Company, plaintiff, against Ralph L. Peck, defendant, to recover for rent and other charges due under a written lease. From a judgment for plaintiff for $841.70, defendant appeals.\nPlaintiff\u2019s statement of claim was for $1,044.22 alleged to be due. Defendant claimed in his affidavit of defense procurement of the lease by fraud and false representations and payment of rent claimed as due, and in an amended statement of set-off $757.52 for moneys advanced and $975 for legal services performed for plaintiff.\nAbstract of the Decision.\n1. Landlord and tenant, \u00a7 311 \u2014what is not proper claim, of set-off in action for rent. A claim of set-off for moneys advanced and legal services performed presents no triable issue in an action for rent due under a written lease as a claim arising out of the, contract sued on or as a claim resting in liquidated damages, and should on motion be stricken from the files.\n2. Pleading, \u00a7 152*\u2014what need not be included in affidavit of merits. Where a claim of set-off presented no triable issue and might on motion have been stricken from the files, held that the plaintiff would be entitled to contest such set-off on such ground, notwithstanding he had not in his affidavit of merits thereto raised the question.\nRupert J. Barry, for appellant.\nIles, O\u2019Connor, Eberhardt & Kesler, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0211-01",
  "first_page_order": 237,
  "last_page_order": 238
}