Legal Opinion

Bangs v. Paullin

Appellate Court of Illinois

Decided December 11, 1890Published

Appeal from the Superior Court of Cook County; the Hon. Kirk Hawes, Judge, presiding.

1Opinion of the CourtGary, J.

It may be that the instruction on behalf of the appellee, that on the breach of a contract to convey land the vendee is entitled to recover back, with interest, what he has paid, is wrong, but the appellants make no point in their brief as to what the measure of damages should be, and it is thereby waived. Griffin v. Larned, 111 Ill. 432.

The rule in this State is that the vendee recovers what he has lost by the breach, which, in case part of the price has been paid, may be more or less than the amount paid, depending upon whether the vendee had a good bargain. Plummer v. Rigdon, 78 Ill. 222,…

2Cases cited7 opinions

  1. Griffin v. LarnedIllinois Supreme Court · 1884
  2. Plummer v. RigdonIllinois Supreme Court · 1875
  3. Prior v. WhiteIllinois Supreme Court · 1850
  4. Shober & Carqueville Lithographing Co. v. KertingIllinois Supreme Court · 1883
  5. Lake v. LowerAppellate Court of Illinois · 1889

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