Topper v. Snow
Illinois Supreme Court
Assumpsit on two notes given by Topper to Snow, dated April 3rd, 1854, one for ' $219, due Oct. 1,1855, and one for $231, due Oct. 1, 1856. 1st. Plea, general issue. 2nd.
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Assumpsit on two notes given by Topper to Snow, dated April 3rd, 1854, one for ' $219, due Oct. 1,1855, and one for $231, due Oct. 1, 1856. 1st. Plea, general issue. 2nd. Plea, that notes were given for the purchase of land, and sets out contract from Snow to Topper, bearing date April 3,1854, reciting the said notes; also, the sale of land ; also, that whereas Topper purchased the land for taxes of 1852, in case he should obtain a tax deed on the premises on the 28th June, 1855, or as soon thereafter as could be, the land remaining unredeemed, and he having advertised the same according to…
1Opinion of the CourtCaton, C. J.
This was an action upon several promissory notes. The defendant filed a plea of the general issue, and also a plea of part failure of consideration, setting out a written contract between the parties, bearing even date with the notes, reciting a conveyance of certain lands by quit-claim deed, and an agreement to give a warranty deed for the same land, in case the grantor should obtain a tax deed. Avers that the notes were given for this land, and that the plaintiff had obtained the tax deed, and had neglected to make the warranty deed, etc. The plaintiff, in his replication, denied that the…
2Cited by5 opinions
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