Robertson v. Dodge
Illinois Supreme Court
The appellee sued the appellant before a justice of the peace, to recover pay upon an alleged contract to build a partition fence between the farms of the parties. The case was appealed to the Circuit Court of "Warren, county, and, upon a trial before a jury, a verdict and judgment were rendered for the plaintiff below for $26.25 and costs.
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The appellee sued the appellant before a justice of the peace, to recover pay upon an alleged contract to build a partition fence between the farms of the parties. The case was appealed to the Circuit Court of "Warren, county, and, upon a trial before a jury, a verdict and judgment were rendered for the plaintiff below for $26.25 and costs. On the trial, the. plain tiff proved that a-contract was made between the parties in March, 1858, whereby the plaintiff was to build a partition fence separating the adjoining farms of the parties, and the defendant was to pay the price for one-half…
1Opinion of the Court
Catoh, O. J.
Under the evidence and the instructions in this case, this is a most extraordinary verdict. If the witness Robertson is to be believed, then the plaintiff did sell this claim against the defendant to the witness when he sold the farm, and it was a part of the same transaction. This transferred to the witness the equitable title to the claim, and the right to enforce or release it as he pleased. .He refused to purchase the farm till this difficulty was disposed óf. It was disposed of when it was sold to him, thereby enabling him to release or settle it as he pleased. He released…
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- Gibson v. TroutmanAppellate Court of Illinois · 1881
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