Church v. Noble
Illinois Supreme Court
This was an action of covenant, brought by the plaintiff in error against the defendant in error, to recover damages for the breach of a covenant, contained amongst others in a lease, dated March 22nd, 1858, made by defendant in error to plaintiff in error, for certain premises in the city of Chicago, known as the “American House.”
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This was an action of covenant, brought by the plaintiff in error against the defendant in error, to recover damages for the breach of a covenant, contained amongst others in a lease, dated March 22nd, 1858, made by defendant in error to plaintiff in error, for certain premises in the city of Chicago, known as the “American House.” The declaration, after stating the execution of the lease, sets forth the covenant sued on, the breach thereof, and the claim for damages, in substance, as follows: “ And it is further expressly understood and agreed by and between the parties hereto, that said…
1Opinion of the CourtBreese, J.
Taking the appellant’s law, as cited from Oomyn on Contracts, 32, 33, and 2nd Parsons on Contracts, 18, 22, to be law, which we do not question, this case must be decided against him, and the decision of the court below affirmed. The quotation is this: “ Where there is so great uncertainty that it cannot be known what is contracted for, the contract is void for uncertainty.” It was on this ground, the judgment below was placed. What can be more uncertain, in one sense, than the contract here made: “ and shall in addition pay the said party of the second part, the sum of”-dollars; and yet,…
2Cited by7 opinions
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- Evarts v. StegerOregon Supreme Court · 1876
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