Scott v. Fowler
Illinois Supreme Court
Appeal from the Appellate Court for the Third District ;—heard in- that court on appeal from the Circuit Court of Vermilion county; the Hon. E. R. E. Kimbrough, Judge, presiding. This is an action in assumpsit in the circuit court of Vermilion county. The declaration originally consisted of one count, to which a demurrer was sustained by the court. By leave of court an additional count was filed, a general and special demurrer to which was sustained.
Read the full summary
Appeal from the Appellate Court for the Third District ;—heard in- that court on appeal from the Circuit Court of Vermilion county; the Hon. E. R. E. Kimbrough, Judge, presiding. This is an action in assumpsit in the circuit court of Vermilion county. The declaration originally consisted of one count, to which a demurrer was sustained by the court. By leave of court an additional count was filed, a general and special demurrer to which was sustained. Appellants having excepted to this ruling of the court, stood by the additional count and judgment was rendered against them for costs. This…
1Opinion of the CourtJustice Carter
The chief contention of appellants is, that the correspondence set out in the declaration constituted a complete contract between the parties for the sale of the lands at a consideration of $30,000, subject to the Purnell lease. An acceptance must conform exactly to the offer, and if it contains new conditions there is no contract. (Maclay v. Harvey, 90 Ill. 525; Gradle v. Warner, 140 id. 123.) Fowler, in his first letter to Acton, refused to sign the contract as it then stood. Is it a fair construction of that letter, taken in connection with the other letters and the facts as set forth in…
2Cases cited2 opinions
- Baltimore & Ohio Southwestern Railroad v. People ex rel. AllenIllinois Supreme Court · 1902
- Maclay v. HarveyIllinois Supreme Court · 1878
3Cited by16 opinions
- La Salle National Bank v. International LimitedAppellate Court of Illinois · 1970
- El Reno Wholesale Grocery Co. v. StockingIllinois Supreme Court · 1920
- Milani v. ProeselIllinois Supreme Court · 1958
- W. T. Grant Co. v. JaegerAppellate Court of Illinois · 1922
- Worley v. Holding CorporationIllinois Supreme Court · 1932
11 more not listed; retrieve them via the Exa API.