Sanger, Camp v. Fincher
Illinois Supreme Court
Appellants filed their hill against appellee, alleging, that on 1st September, 1853, they entered into a written agreement with John Fincher, by which he agreed to deliver and saw for complainants a large quantity of cross-ties and lumber, and was furnished by them and put in possession of a circular saw-mill of about the value of $2,000, to be surrendered by Fincher at the completion of said contract, in the same condition, to said complainants, for the surrender of which…
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Appellants filed their hill against appellee, alleging, that on 1st September, 1853, they entered into a written agreement with John Fincher, by which he agreed to deliver and saw for complainants a large quantity of cross-ties and lumber, and was furnished by them and put in possession of a circular saw-mill of about the value of $2,000, to be surrendered by Fincher at the completion of said contract, in the same condition, to said complainants, for the surrender of which mill the said Fincher and one Wm. J. Scott, on the same day, entered into a bond with complainants, in the sum of $2,000.…
1Opinion of the CourtWalker, J.
The first question presented by this record, is, whether the damages arising from a breach of this contract can be recouped, in an action upon the agreement. It is urged, that inasmuch as complainants held the obligation of intestate and Scott, for the return of the mill in the same condition, that damages resulting from a failure to return it, according to the agreement, could not be set off against a recovery for the price of the ties by Fincher. The answer to this position is manifest when we consider, -that by our statute all bonds executed by several obligors are made joint and several.…
2Cited by5 opinions
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- Carr v. TrainorAppellate Court of Illinois · 1889
- Holmes v. McKennanAppellate Court of Illinois · 1905
- Alderton v. WilliamsMichigan Supreme Court · 1902
- Sandow Motor Truck Co. v. BrownAppellate Court of Illinois · 1919