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SCHMIDT v. DESSER

No. 78-1566.

81 Ill. App.3d 940 (1980)

401 N.E.2d 1299

FRANK A. SCHMIDT, Plaintiff-Appellant, v. LINDA DESSER, Ex'r of the Estate of Arthur Desser, Deceased, et al., Defendants-Appellees.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed March 5, 1980.

Attorney(s) appearing for the Case

D.L. Bertelle and Collins & Amos, both of Chicago, for appellant.

Howard B. Abrams, of Chicago (William J. Harte, Ltd., of counsel), for appellees.

Judgment affirmed.

Mr. JUSTICE SIMON delivered the opinion of the court:

An agreement deferring the payment of an unliquidated sum owed to the plaintiff did not fix the amount due. When the plaintiff brought suit on the underlying debt, the statute of limitations had already run. Because the oral agreement deferring the payment did not fix a definite amount that the debtor owed, it did not toll the statute.

On April 20, 1965, Frank A. Schmidt, the...

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