Davis v. McVickers
Illinois Supreme Court
Elijah McVickers brought his action in the Cass Circuit Court, fey petition and summons, upon two promissory notes, for $300, given by Davis, the appellant, to him.
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Elijah McVickers brought his action in the Cass Circuit Court, fey petition and summons, upon two promissory notes, for $300, given by Davis, the appellant, to him. Upon the return of the process, Davis pleaded failure of consideration, setting forth that the notes were given upon an article of agreement, executed between the parties, by which Mc-Vickers bound himself to convey to Davis, when the payments specified in said articles should be complied with, certain land therein described, referring in said articles to the notes sued on, and averring that the said McVickers had not conveyed,…
1Opinion of the Court
Opinion by Treat, C. J.:
The notes sued on and the agreement set forth in the plea, having been executed at the same time, between the same parties, and respecting the same subject matter, must be construed together, and considered as forming but one contract. Bailey vs. Cromwell, 3 Scammon, 71; Duncan vs. Charles, 4 ib., 561. The agreement to execute a deed was not the real consideration of the notes; the true consideration was the estate agreed tobe conveyed. Tyler vs. Young, 2 Scammon, 444; Mason vs. Wait, 4 ib., 127. If it is not in the power of the plaintiff to make a good title to the…
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