Walker v. Kimball
Illinois Supreme Court
The first of the above cases was assumpsit, upon an agreement for the purchase, of Kimball, of his interest in the staging business in Missouri and Kansas. The first count is special on the agreement, setting it forth in lime verba. The second is a general count on the account stated by Mr. Vernon under said agreement. The third and fourth are the common counts.
Read the full summary
The first of the above cases was assumpsit, upon an agreement for the purchase, of Kimball, of his interest in the staging business in Missouri and Kansas. The first count is special on the agreement, setting it forth in lime verba. The second is a general count on the account stated by Mr. Vernon under said agreement. The third and fourth are the common counts. The agreement contains, among other things, the following provisions, viz.: “ And the said Walker and Moore agree to pay to said Kimball the sum of five thousand dollars, within four months from the date hereof, with ten per cent,…
1Opinion of the Court
Catón, C. J.
These actions are to recover several installments of interest on the same agreement, which contains this clause: “ Said Walker and Moore agree to pay, within three years from this date, to said Kimball, the sum of thirteen thousand one hundred and sixty-six dollars, with interest annually at ten per cent.” And the question presented is, whether the interest is payable annually, or not till the principal becomes due. None of the cases referred to by either side are precisely in point. Those referred to by the appellee, would be directly like these, if the rate of interest were not…
2Cited by8 opinions
- Wachta v. First Federal Savings & Loan Ass'nAppellate Court of Illinois · 1981
- Dulaney v. PayneIllinois Supreme Court · 1882
- McClenathan v. DavisIllinois Supreme Court · 1909
- Hodge v. WallaceWisconsin Supreme Court · 1906
- McConnaughy v. GageAppellate Court of Illinois · 1929
3 more not listed; retrieve them via the Exa API.