Bunn v. Prather
Illinois Supreme Court
This was a suit commenced in the County Court of Macon county, by Bunn and Goode, on a written contract between them and Charles H. Sheppard, deceased, and by them appealed to the Macon Circuit Court at the November term, 1858, and tried by said court without the intervention of a jury, and judgment rendered for plaintiffs for $40.00, from which plaintiffs appealed.
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This was a suit commenced in the County Court of Macon county, by Bunn and Goode, on a written contract between them and Charles H. Sheppard, deceased, and by them appealed to the Macon Circuit Court at the November term, 1858, and tried by said court without the intervention of a jury, and judgment rendered for plaintiffs for $40.00, from which plaintiffs appealed. The bill of exceptions shows that plaintiffs introduced in evidence the following contract: Article of Agreement, Made and entered into by and between A. B. Bunn and S. S. Goode, of the city of Decatur, and State of Illinois, of…
1Opinion of the CourtWalker, J.
It is insisted by the plaintiffs that by the death of Charles H. Sheppard, they were excused from waiting for their money until the land should be sold and the purchase money should become due, as they had stipulated by their agreement. Or, if they were not excused from waiting until that time by his death, that the dismissal of the proceeding for partition by the guardian of his daughter, after his death, had ■ that effect. It is a familiar principle of law, “ That when the law casts a duty on a party, the performance shall be excused by act of God; but when a party, by his oton contract,…
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