Eggers v. Busch
Appellate Court of Illinois
Memorandum.—Assumpsit for money had and received. Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding.
1Opinion of the Court
Mr. Presiding Justice Shepard
delivered the opinion of the Court.
A suit in assumpsit was brought by the appellee to recover back from the appellant $1,200, which had been paid under a contract between the parties for the purchase and sale of a certain tract of land situated in Indiana, for the price of $6,000.
The contract provided for the conveyance of the land to the appellee “ in fee simple, clear of all incumbrances whatever, by a good and sufficient warranty deed.”
The $1,200 was paid, as was provided by. the contract, upon the delivery of the contract, and the remaining $4,800 was to be…
2Cases cited4 opinions
- Lancaster v. RobertsIllinois Supreme Court · 1893
- Hale v. CravenerIllinois Supreme Court · 1889
- Eames v. Der Germania Turn VereinAppellate Court of Illinois · 1880
- Cravener v. HaleAppellate Court of Illinois · 1888
3Cited by4 opinions
- Ward v. JamesOregon Supreme Court · 1917
- Davis v. Dean Vincent, Inc.Oregon Supreme Court · 1970
- Winslow v. GilstrapOregon Supreme Court · 1934
- Ward v. JamesOregon Supreme Court · 1917