Scofield v. Tompkins
Illinois Supreme Court
Appeal from the Circuit Court of Cook county. This was an action of covenant, on articles of agreement for the sale of and payment for a tract of land in Cook county, in this State. Defendants demurred to the declaration and the demurrer was sustained by the court, and plaintiff failing to plead, judgment was rendered against him in bar of the action. He prosecutes an appeal and questions the decision of the court below in sustaining the demurrer.
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Appeal from the Circuit Court of Cook county. This was an action of covenant, on articles of agreement for the sale of and payment for a tract of land in Cook county, in this State. Defendants demurred to the declaration and the demurrer was sustained by the court, and plaintiff failing to plead, judgment was rendered against him in bar of the action. He prosecutes an appeal and questions the decision of the court below in sustaining the demurrer. The articles of agreement recite that plaintiff, in consideration of one dollar paid, and the covenants and agreement of the defendants, had sold…
1Per curiam
The question presented by this demurrer is whether the $22,770 named in the agreement as the price of the land, and also as liquidated damages in case that sum was not promptly paid, may be recovered, or only such damages as can be shown to have been actually sustained by breach of the agreement.
Appellant has the land, and by this action seeks to recover its full price and also retain the land. It is manifest that his actual loss can not be equal to the value of the land. If it was worth nothing, then appellees agreed to pay this large sum for what was of no value. If it was worth that sum,…
2Cited by47 opinions
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- Stone v. City of ArcolaAppellate Court of Illinois · 1989
- Iroquois Furnace Co. v. Wilkin Manufacturing Co.Illinois Supreme Court · 1899
- Consolidated Coal Co. v. PeersIllinois Supreme Court · 1894
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