Todd v. Mitchell
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. C. G-. Neeley, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. C. G-. Neeley, Judge, presiding. The statement of this case as made by the Appellate Court is adopted here: “This action was brought by appellant, as plaintiff, against appellee, as defendant, to recover damages for a breach of covenants against incumbrances contained in a warranty deed of certain real estate in Highland Park, Cook county, made by appellee to appellant in the year 1877. To the declaration the defendant pleaded non est factum, and also special…
1Opinion of the CourtJustice Wilkin
The general replication to the special pleas of release put in issue the question as to whether the release set up in these pleas operated to release the cause of action here sued upon. On the theory that it was not a bar to this cause of action the plaintiff presented to the court a number of propositions of law which were refused, the first and second of which were as follows:
1. “Where there is a particular recital in a release, followed by general words, the latter are qualified by the particular recital, and the court therefore holds that in the release in question the general words of…
2Cases cited2 opinions
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
- Lyman v. ClarkMassachusetts Supreme Judicial Court · 1812
3Cited by31 opinions
- Farm Credit Bank of St. Louis v. WhitlockIllinois Supreme Court · 1991
- Thornwood, Inc. v. Jenner & BlockAppellate Court of Illinois · 2003
- Gladinus v. LaughlinAppellate Court of Illinois · 1977
- Janowiak v. TiesiAppellate Court of Illinois · 2010
- Bolling Federal Credit Union v. Cumis Insurance Society, Inc.District of Columbia Court of Appeals · 1984
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