Kinney v. Turner
Illinois Supreme Court
This cause was heard before O. C. Skinner, Judge, at March term, 1852, of the Adams Circuit Court. The fourth plea is a plea of total failure of consideration. It sets forth, that at the giving of the note the plaintiff represented that he had the exclusive right to Page’s portable sawmill, and agreed to convey the same, (that is, said exclusive right,) to defendants, by deed of warranty, in consideration of which, defendant executed the note.
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This cause was heard before O. C. Skinner, Judge, at March term, 1852, of the Adams Circuit Court. The fourth plea is a plea of total failure of consideration. It sets forth, that at the giving of the note the plaintiff represented that he had the exclusive right to Page’s portable sawmill, and agreed to convey the same, (that is, said exclusive right,) to defendants, by deed of warranty, in consideration of which, defendant executed the note. The plea then avers that said plaintiff did, not convey said exclusive right, and that he did not possess it. The plea is demurred to, on the ground of…
1Opinion of the CourtScates, J.
The objection taken to the fourth plea in this case, on special demurrer, was for duplicity. The plea alleged the consideration of the note sued on, to be the agreement of the defendant to convey by warranty deed to them, and two others impleaded with them, the free, full, and exclusive right and privilege, of using and running, in a certain township, Page’s portable saw-mill, which he represented to them that he owned; and that the consideration wholly failed in this, that he had no title or right to the exclusive use of said saw-mill in said township, and did not convey the same to them by…
2Cases cited1 opinion
- Raymond v. LentNew York Supreme Court · 1817
3Cited by1 opinion
- Hough v. GageIllinois Supreme Court · 1874