Buck v. Eaman
Illinois Supreme Court
At the April term of 1856, of the Peoria Comity Court, the plaintiff, as the next friend of the heir of Janies Eaman, sued the defendant in assumpsit, and filed, as the foundation of his claim, a statement in substance: That, in June, 1850, defendant agreed to sell to James Eaman a described piece of land, on which Eaman paid Buck $175, and agreed, by bond, to convey the land when Eaman should pay the balance of the purchase money, $125. The bond is as follows: Know all Men…
Read the full summary
At the April term of 1856, of the Peoria Comity Court, the plaintiff, as the next friend of the heir of Janies Eaman, sued the defendant in assumpsit, and filed, as the foundation of his claim, a statement in substance: That, in June, 1850, defendant agreed to sell to James Eaman a described piece of land, on which Eaman paid Buck $175, and agreed, by bond, to convey the land when Eaman should pay the balance of the purchase money, $125. The bond is as follows: Know all Men by these Presents, That I, 0. A. Buck, of the first part, of the county of Peoria, and State of Illinois, for and in the…
1Opinion of the CourtCaton, J.
The question of jurisdiction of the court below has been settled at this term, and needs no further discussion here.
The next question is, whether the action shotild have been brought in the name of the administrator, instead of the heir. At the time of the decease of the intestate he had no cause of action against the defendant below for the demand now sued for, nor of any other kind; for, at that time, Buck had committed no breach of his bond, and had in no way rendered himself liable upon it. The only interest which the intestate had at that time in the subject matter, was in the land; •…
2Cited by4 opinions
- Gross v. Estate of ThornsonIllinois Supreme Court · 1918
- Wright v. LoringIllinois Supreme Court · 1933
- Collison v. D.R.G., Inc.Appellate Court of Illinois · 1995
- Wright v. LoringAppellate Court of Illinois · 1931