Martin v. Chambers
Illinois Supreme Court
Appeal from the Circuit Court of Morgan county; the Hon. Cyrus Epler, Judge, presiding. This action is indebitatus assumpsit. The declaration originally contained only the common counts, and, the general issue having been filed, a trial was had before a jury, who found for plaintiff $562.50. That verdict was set aside by the court, and a new trial awarded.
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Appeal from the Circuit Court of Morgan county; the Hon. Cyrus Epler, Judge, presiding. This action is indebitatus assumpsit. The declaration originally contained only the common counts, and, the general issue having been filed, a trial was had before a jury, who found for plaintiff $562.50. That verdict was set aside by the court, and a new trial awarded. Afterwards, plaintiff, by leave of court, amended his declaration by adding a special count, in which it was set forth, in substance, that plaintiff had bought of defendant seven and one-half acres of land, at $500 per acre, which…
1Opinion of the CourtJustice Scott
Our statute does not authorize a party to assign error on the decision of the court granting a new trial, and that is a sufficient answer to the first point made by plaintiff.
The amended count shows plaintiff entered into possession of the entire tract of land he had bought of defendant, and, until the contrary is made to appear, it must be presumed he continued in such possession. At least it is not averred he was ever evicted, or that he ever surrendered that possession to defendant, from whom he had obtained it. A party who seeks to rescind a contract must restore, or offer to restore, the…
2Cases cited1 opinion
- Gehr v. HagermanIllinois Supreme Court · 1861
3Cited by8 opinions
- Offutt v. World's Columbian ExpositionIllinois Supreme Court · 1898
- Simmons v. Chicago & Tomah RailroadIllinois Supreme Court · 1884
- Rack v. Chicago City Railway Co.Illinois Supreme Court · 1898
- Hawkins v. StoffersWyoming Supreme Court · 1929
- Sievers v. BrownOregon Supreme Court · 1899
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