Runkle v. Johnson
Illinois Supreme Court
The appellees brought an action of debt to the February term of the Fulton Circuit Court, claiming fifteen hundred dollars debt and five hundred dollars damages. The declaration contains eight counts.
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The appellees brought an action of debt to the February term of the Fulton Circuit Court, claiming fifteen hundred dollars debt and five hundred dollars damages. The declaration contains eight counts. The'first count is on a writing obligatory (bearing date 19th June, 1858,) by which appellees sell to appellants certain lands for the sum of $1,500, payable in three installments of $500 each—$500 on the first day of December, 1858, $500 on the first day of December, 1859, and $500 on the first day of December, 1860—and time is made the essence of the contract; said payments to be made at the…
1Opinion of the CourtCaton, C. J.
We think the court erred in sustaining the demurrer to the defendant’s special plea. By the instrument on which the action is brought, the plaintiff agreed to convey to the defendant a particular title to the land described, that is to say, the patent, and it was for this title to the land the defendant agreed to pay fifteen hundred dollars. And now it is admitted by the demurrer, that the plaintiff never had such title, and is unable to convey to the defendant such a title. Had the plaintiff brought his action for the first two installments before the time had arrived when the plaintiffs…
2Cases cited1 opinion
- Harrington v. HigginsNew York Supreme Court · 1837
3Cited by18 opinions
- Barrett v. McAllisterWest Virginia Supreme Court · 1890
- Christopher v. WestIllinois Supreme Court · 1951
- Lang v. HedenbergIllinois Supreme Court · 1917
- Marshall v. GilsterIdaho Supreme Court · 1921
- Brown v. DoaneSupreme Court of Georgia · 1890
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