Mix v. White
Illinois Supreme Court
Writ of Error to the Circuit Court of Macon county; the Hon. Charles Emerson, Judge, presiding. This was a suit in equity, commenced at the May term, 1856, of the Circuit Court of Vermillion county, by James Mix, against David White, to enforce a specific performance of a contract relative to certain lands in that county.
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Writ of Error to the Circuit Court of Macon county; the Hon. Charles Emerson, Judge, presiding. This was a suit in equity, commenced at the May term, 1856, of the Circuit Court of Vermillion county, by James Mix, against David White, to enforce a specific performance of a contract relative to certain lands in that county. The venue was afterwards changed to Macon county, where a hearing was had on the bill, amended bills, answers, cross-bill and answer thereto, replications, exhibits and proofs. The agreement states that the parties, on the 14th of March, 1854, made a bill of exchange, drawn…
1Opinion of the CourtChief Justice Walker
There is no allegation in the cross-bill or answers to the original bill that a settlement had been made, or that the contract had been abandoned, by the parties. The want of such an averment in the pleadings is sufficient to exclude McCrea’s evidence as to a settlement from consideration in the case, as there is no. averment in the pleadings that there had been a settlement, even if his evidence was clear and explicit. But when it is examined, it is found that he only gives his impressions of what was said and done, with but few facts. He admits that he only heard a part of the conversation,…
2Cited by7 opinions
- MacY v. Brown.Illinois Supreme Court · 1927
- Evans v. GerryIllinois Supreme Court · 1898
- Forest Preserve District v. EmersonIllinois Supreme Court · 1930
- Kennedy v. NeilIllinois Supreme Court · 1929
- Keyser v. MoreheadIdaho Supreme Court · 1913
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