Gale v. Dean
Illinois Supreme Court
On the 7th day of August, 1857, the appellee commenced an action of assumpsit against the appellant, in the Cook County Court of Common Pleas. The declaration contained two counts.
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On the 7th day of August, 1857, the appellee commenced an action of assumpsit against the appellant, in the Cook County Court of Common Pleas. The declaration contained two counts. The first count set forth in lime verba, the following contract, to wit: Chicago, Mat 17, 1851. Received of Philip Dean, the sum of seven hundred and fifty dollars, as follows: James H. Rees' judgment note, payable in thirty days from May 12, 1851, to the order of said Dean, and indorsed by him for six hundred dollars, and in cash one hundred and fifty dollars, being in full for sale of tax certificate on sub-lot…
1Opinion of the CourtCaton, C. J.
The court properly decided that there was no variance between the contract declared on and the one offered in evidence.
The measure of damages, in this case, was not the value of the land when the contract was made, but its value at the time of the breach of that contract. Here no time was specified when the title from Tuller should be obtained. That portion of the contract on which the breach is assigned, is in these words: “ the undersigned agreeing to obtain a deed by quit-claim, or otherwise, for one-half of said sub-lot 9, of H. L. Tuller, or such other party as may have the title to the…
2Cited by9 opinions
- Kadish v. YoungIllinois Supreme Court · 1883
- Hammond v. HanninMichigan Supreme Court · 1870
- Combs v. ScottWisconsin Supreme Court · 1890
- White v. BatesIllinois Supreme Court · 1908
- Plummer v. RigdonIllinois Supreme Court · 1875
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