Duncan v. Charles
Illinois Supreme Court
The decision in this cause, in the court below, was made at the October term, 1842, by the Hon. Stephen A. Douglass. Judgment was rendered for the defendant, and the plaintiffs brought the cause to this court by writ of error. The facts of the case are fully stated in the opinion of the court.
Read the full summary
The decision in this cause, in the court below, was made at the October term, 1842, by the Hon. Stephen A. Douglass. Judgment was rendered for the defendant, and the plaintiffs brought the cause to this court by writ of error. The facts of the case are fully stated in the opinion of the court. The question in this .case is whether the covenants are dependent or independent, and. whether the tendering a conveyance for the land was a condition precedent to be performed by the plaintiffs before they could proceed for a recovery of the money. In agreements for purchase, the covenants are…
1Opinion of the CourtShields, Justice
The declaration contained three counts, founded on three sealed notes. The writing obligatory set forth in the first count was as follows: “One year after date, I promise to pay Joseph Duncan, S. S. Phelps, and Alexis Phelps, or either of them, or order, one hundred and thirty-eight dollars 75-100 cents, together with six per cent, per annum interest from date; and in case of a failure to pay the note when due, I promise to pay twelve per cent, interest per annum on it from date, value rec’d in lot No. 8, in block No. 24, in the town of Oquawka. July 20th, 1836.” This note was signed and…
2Cases cited3 opinions
- Saunders v. Beal's administratorCourt of Appeals of Kentucky · 1816
- Mitchell v. GregoryCourt of Appeals of Kentucky · 1809
- Mason v. ChambersCourt of Appeals of Kentucky · 1823