Smith v. Lamb
Illinois Supreme Court
These were actions of assumpsit brought by the appellees against the appellant, to recover money paid upon a contract for the purchase of real estate, and were tried before the court, without the intervention of a jury, at the July term of said court, A. D. 1860. The declaration contained the common counts for money had and received to plaintiff’s use, for interest on payment forborne, and on an account stated.
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These were actions of assumpsit brought by the appellees against the appellant, to recover money paid upon a contract for the purchase of real estate, and were tried before the court, without the intervention of a jury, at the July term of said court, A. D. 1860. The declaration contained the common counts for money had and received to plaintiff’s use, for interest on payment forborne, and on an account stated. Attached to the declarations are the plaintiff’s bills of particulars, stated in the manner of an account between them. The defendant plead the general issue. On the trial of the…
1Opinion of the CourtCaton, C. J.
These cases are alike in every essential feature, and will be considered together.
If it be true that the plaintiffs had a right to abandon or rescind their contracts for the sale of the land upon which the money was paid, for the default or inability of the defendant to convey, they had a right to recover the money paid on their contracts, as for money had and received, whether their contracts were toy parol or under seal. This law is so well settled in this court, as to preclude the necessity of discussing it at length now.
The more serious question is, had the plaintiffs a right to terminate…
2Cited by17 opinions
- Christopher v. WestIllinois Supreme Court · 1951
- Cox v. GroseSupreme Court of Florida · 1929
- Marshall v. GilsterIdaho Supreme Court · 1921
- Baston v. CliffordIllinois Supreme Court · 1873
- Foxley v. RichUtah Supreme Court · 1909
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