Legal Opinion

Eastman v. Armstrong

Illinois Supreme Court

Decided April 15, 1861PublishedCited by 4 opinions

This was an action of assumpsit, brought by the appellee against the appellant, on a parol submission to an award in the Superior Court of Chicago, and tried before the court, without the intervention of a jury, at the December term of said court, A. D. 1859.' The declaration contained two special counts, and a count upon an account stated. The defendant pleaded the general issue.

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This was an action of assumpsit, brought by the appellee against the appellant, on a parol submission to an award in the Superior Court of Chicago, and tried before the court, without the intervention of a jury, at the December term of said court, A. D. 1859.' The declaration contained two special counts, and a count upon an account stated. The defendant pleaded the general issue. Upon the trial, the plaintiff offered in evidence a lease, under seal, from himself to the defendant, of certain premises described therein, dated May 1st, 1857, for three years then next ensuing, the defendant cov…

1Opinion of the CourtBreese, J.

The evidence shows very "conclusively, that there was a mutual abandonment of the award before suit brought, which brings this case within the rule in Burnside v. Potts, 23 Ill. 415.

We held there, that parties might agree to abandon an award, and by so doing, they are necessarily remitted to their original rights. That case is decisive of this. The judgment is reversed, and the cause remanded.

Judgment reversed.

2Cited by4 opinions

  1. Rollins v. TownsendMassachusetts Supreme Judicial Court · 1875
  2. Rawlinson v. ShawMichigan Supreme Court · 1898
  3. London v. SingerMichigan Supreme Court · 1923
  4. Blanton v. LittellSupreme Court of Arkansas · 1898

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