Blackburn v. Mann
Illinois Supreme Court
Appeal from the Circuit Court of Vermilion county; the Hon. Oliver L. Davis, Judge, presiding. This action was brought by Sarah Jane Mann against David S. Blackburn, to recover damages for a breach of a marriage contract, alleged to have existed between the parties. The declaration is in assumpsit, and contains three counts.
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Appeal from the Circuit Court of Vermilion county; the Hon. Oliver L. Davis, Judge, presiding. This action was brought by Sarah Jane Mann against David S. Blackburn, to recover damages for a breach of a marriage contract, alleged to have existed between the parties. The declaration is in assumpsit, and contains three counts. In the first count it is averred, in consideration plaintiff had, on request of defendant, promised to marry him when thereunto requested, he promised to marry her when he should be requested. Both in the second and third counts the promise is laid as a mutual promise to…
1Opinion of the CourtJustice Scott
That a promise by defendant to marry plaintiff was proven by the testimony of plaintiff and other witnesses, must be conceded. It was met by a broad and unequivocal denial by defendant, except as to a promise dependent on a contingency that never happened. On the mere weight of the evidence, if it shall he found applicable to the issues made by the pleadings, counsel make no question against the verdict.
The assumption, there is a variance between the contract as stated in the several counts of the declaration, and the proof adduced on the trial in support of it, arises from a misconception of…
2Cases cited2 opinions
- Fidler v. McKinleyIllinois Supreme Court · 1859
- Holmes v. StatelerIllinois Supreme Court · 1856
3Cited by16 opinions
- Brown v. PerezTexas Supreme Court · 1896
- Rime v. RaterSupreme Court of Iowa · 1899
- Lewis v. TapmanCourt of Appeals of Maryland · 1900
- Blackburn v. BellIllinois Supreme Court · 1878
- Gemmill v. State ex rel. BrownIndiana Court of Appeals · 1896
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