Burnside v. Potts
Illinois Supreme Court
Potts sued Burnside before a justice of the peace in Eulton county, in September, 1858, on the following account: “ George Burnside, 1858. To Amos P. Potts, Dr. To damages for neglecting and refusing to boat and sell for plaintiff a lot of cord wood, supposed to be about seventy-five cords, by reason of which neglect and refusal, said wood was washed away and lost to the plaintiff.
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Potts sued Burnside before a justice of the peace in Eulton county, in September, 1858, on the following account: “ George Burnside, 1858. To Amos P. Potts, Dr. To damages for neglecting and refusing to boat and sell for plaintiff a lot of cord wood, supposed to be about seventy-five cords, by reason of which neglect and refusal, said wood was washed away and lost to the plaintiff. Damage claimed, $99.90." The case was taken to the Circuit Court of said county by appeal, where a trial was had at the September term, 1859, before the court, by consent of parties, a jury being waived, and…
1Opinion of the CourtWalker, J.
There are few questions better settled than that mutual promises between the parties, are a sufficient consideration to support the agreement. It is always so regarded when the promises refer to the performance of acts which are of inconvenience or benefit to the parties, when the agreement contravenes no provision of law or public policy. The doctrine is too familiar and' well settled to require reference in its support to authorities, that all agreements for the settlement of matters in controversy are binding and valid, without any other consideration than the mutual promises of the…
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