Kurtz v. Graybill
Illinois Supreme Court
Writ of Error to the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Shelby county; the Hon. Truman E. Ames, Judge, presiding.
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Writ of Error to the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Shelby county; the Hon. Truman E. Ames, Judge, presiding. This was an action of assumpsit brought by C. J. Kurtz, the plaintiff in error, in the Shelby circuit court,, against George R. Graybill and Wallace E. Walker, the defendants in error, to recover back from them the purchase money for two hundred and forty acres of land situated in said Shelby county, at $19.50 per acre, which purchase money (a total of $4680) Kurtz had paid to them upon the sale and conveyance to him of…
1Opinion of the CourtJustice Carter
This case was submitted to the circuit court on an issue of law made by demurrer to the declaration, accompanied by a stipulation of a fact not contained in the declaration,—that is, that it was necessary to sell the land to pay the testator’s debts. The effect of the stipulation must be regarded as incorporating such fact, in proper form, in the declaration as one of its allegations. We are also of the opinion that the stipulation operated to waive the common counts and to submit the case to the court on the issue raised by the demurrer to the two speciál counts, with said additional…
2Cases cited1 opinion
- Updike v. TompkinsIllinois Supreme Court · 1881
3Cited by4 opinions
- Reid v. Chicago Railways Co.Appellate Court of Illinois · 1923
- Merker v. Belleville Distillery Co.Appellate Court of Illinois · 1905
- Tarrant v. BurchAppellate Court of Illinois · 1902
- Cowan v. PursifullCourt of Appeals of Kentucky (pre-1976) · 1933