Opinion
Opinion filed March 1, 1941.
FORMER ADJUDICATION, § 27 — appeal from justice court, dismissal. In action for farm rent and purchase price of certain personal property, where former appeal of defendant from justice to circuit court had been dismissed for want of prosecution, this was not a judgment on the merits constituting former adjudication, and where there were mutual accounts between the parties with substantial items which accrued less than 5 years before filing of suit, the whole amount due on the book account was relieved from the bar of the statute of limitations.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Madison county. Hon. DICK H. MUDGE, presiding.
Affirmed. Heard in this court at October term, 1940.
Henry B. Eaton, for appellant;
Terry, Gueltig Powell, for appellees.
"Not to be published in full." Opinion filed March 1, 1941.