Nelson v. Petterson
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Axel Chytraus, Judge, presiding. Appellant (hereafter referred to as plaintiff) sued appellee (hereafter referred to as defendant) in the superior court of Cook county for $1750, which plaintiff claimed defendant had cheated and defrauded him out of in the sale of a tract of land by defendant to plaintiff.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Axel Chytraus, Judge, presiding. Appellant (hereafter referred to as plaintiff) sued appellee (hereafter referred to as defendant) in the superior court of Cook county for $1750, which plaintiff claimed defendant had cheated and defrauded him out of in the sale of a tract of land by defendant to plaintiff. The declaration is in assumpsit and contains three counts. The first count charges that the plaintiff purchased of defendant a certain described tract of…
1Opinion of the CourtJustice Farmer
The basis of the action was the tort committed by defendant in 1892. Clearly, the Statute of Limitations would be a good plea to a declaration in case filed in 1904 counting on a tort committed in 1892. Appellant’s counsel say in their brief the only question involved is whether the promise set up in the replication to the plea of the Statute of Limitations restored the remedy, and contend that a recovery is authorized because, first, “appellant declares in assumpsit upon a liability ex contractu created and imposed by law, by reason of the fraud stated in the declaration; second, if the…
2Cases cited3 opinions
- Holtham v. City of DetroitMichigan Supreme Court · 1904
- Oothout v. ThompsonNew York Supreme Court · 1822
- Peterson v. BreitagSupreme Court of Iowa · 1893
3Cited by14 opinions
- Locke v. PembrokeNew York Court of Appeals · 1939
- Wood & Selick, Inc. v. Compagnie Generale TransatlantiqueCourt of Appeals for the Second Circuit · 1930
- Addante v. PompilioAppellate Court of Illinois · 1940
- Burleson v. LangdonSupreme Court of Minnesota · 1928
- Jones & Laughlin Steel Corp. v. Johns-Manville Sales Corp.District Court, W.D. Pennsylvania · 1978
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