State of Illinois, County of Cook, 88.

In the Circuit Court of Cook County, May Term, 1902.

And the defendant, by Coolidge and White, his attorneys, conies and defends the wrong and injury done, etc., and says that
50 the plaintiff ought not, as in the first count of his said amended declaration set forth, to have his aforesaid action against him, the defendant,75 because he says that the said supposed cause of action set forth in said first count of his said amended declaration did not, nor did any
100 or either of them accrue to the plaintiff at any time within five years next before the commencement of the suit in manner and
125 form as the plaintiff has above in said first count complained against him, the defendant, and this the defendant is ready to verify: wherefore. he
150 prays judgment if the plaintiff ought to have his aforesaid action against him, etc.

And as to the second count in the plaintiff's said amended
175 declaration, the defendant says that the plaintiff ought not to have his aforesaid action against him, the defendant, as set forth in said second count, because
200 he says that each and every one of the several supposed promises in the said second count mentioned was an agreement which was not
225 to be performed within the space of one year from the time of the making thereof, to wit, the first, day of August, in the
250 year 1892, and was not, nor is, nor was nor is any memorandum of note thereof, in writing, signed by the defendant, or by
275 any other person thereunto by him lawfully authorized, according to the form of the statute, etc. And this the defendant is ready to verify; wherefore he
300 prays judgment if the plaintiff ought to have his aforesaid action against him, etc.

Attorneys for Defendant. By (319 words)