Risser v. Patton
Illinois Supreme Court
Appeal from the Circuit Court of Kankakee county; the Hon. Frank L. Hooper, Judge, presiding. May 29, 1905, E. D. Risser, R. A. McCracken and C. O. Patton entered into an option contract with Emory Cobb to purchase all of the capital stock of the Kankakee Electric Railway Company and a tract of land known as Electric Park, situated in and near the city of Kankakee, for the sum of $100,000, less a commission of $2000, of which amount $10,000 was paid in cash on that day, and…
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Appeal from the Circuit Court of Kankakee county; the Hon. Frank L. Hooper, Judge, presiding. May 29, 1905, E. D. Risser, R. A. McCracken and C. O. Patton entered into an option contract with Emory Cobb to purchase all of the capital stock of the Kankakee Electric Railway Company and a tract of land known as Electric Park, situated in and near the city of Kankakee, for the sum of $100,000, less a commission of $2000, of which amount $10,000 was paid in cash on that day, and it was agreed that the balance of said purchase money should be paid within ninety days from May 29, 1905, or the…
1Opinion of the CourtChief Justice Hand
It is first contended that the bill is multifarious. The defendant filed a demurrer to said bill on the ground it was multifarious, which demurrer was overruled, whereupon he filed an answer to the bill. If the defendant desired to raise the question of multifariousness in this court he should have stood by his demurrer. By answering the bill the defendant waived the defense of multifariousness, if such a defense existed, and that defense cannot now be raised in this court. Labadie v. Hewitt, 85 Ill. 341; Bird v. Bird, 218 id. 158; Gilmore v. Sapp, 100 id. 297; Ring v. Lawless, 190 id. 520.
It…
2Cases cited2 opinions
- Labadie v. HewittIllinois Supreme Court · 1877
- Sherlock v. Village of WinnetkaIllinois Supreme Court · 1871
3Cited by3 opinions
- Barnes v. American Brake-Beam Co.Illinois Supreme Court · 1909
- Hawkins v. County of LakeIllinois Supreme Court · 1922
- Coston v. Portland Trust Co.Oregon Supreme Court · 1929