Legal Opinion

Walker v. Kesner

Appellate Court of Illinois

Decided December 14, 1899PublishedCited by 1 opinion

Covenant.—Appeal from the Circuit Court of Cook County; the Hon. George W. Brown, Judge, presiding. Heard in this court at the March term, 1899.

1Opinion of the Court

Mr. Presiding Justice Sears

delivered the opinion of the court.

Without discussing appellant’s possible right of recovery against appellees in another form of action upon the facts disclosed by the declaration, it is enough to say that it appears from the declaration, and from each count thereof, that appellees did not enter into any covenant whatever with appellant, and hence that the declaration in covenant was bad. Here the defendant has not engaged by deed to perform the covenants, and consequently covenant will not lie. Butnett v. Lynch, 5 Barn. & C. 589; Moore v. House, 64 Ill. 162; R. R.…

2Cases cited7 opinions

  1. Seeberger v. McCormickIllinois Supreme Court · 1899
  2. Moore v. HouseIllinois Supreme Court · 1872
  3. Rockford, Rock Island & St. Louis R. R. v. BeckemeierIllinois Supreme Court · 1874
  4. Hancock v. YunkerIllinois Supreme Court · 1876
  5. Neufeld v. BeidlerAppellate Court of Illinois · 1890

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3Cited by1 opinion

  1. Everett v. John Sexton & Co.Appellate Court of Illinois · 1935

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