Durband v. Nicholson

For a lucid understanding of the alleged errors in this proceeding, it is necessary to consider the propositions separately; and to effect the greatest clearness, the facts surrounding each will be set forth when the particular phase is discussed.

I. The affirmative relief sought by plaintiff-appellant will be first reviewed.

This suit was brought to obtain judgment on a written contract, dated March 27, 1924, which provided that, if 1. CONTRACTS: all the obligations of the parties and their considera- respective wives to the Northern Trust Company, tion: Chicago, Illinois, were fully settled,…