Laub v. DeVault

Mr. Presiding Justice Willis

delivered the opinion of the court.

J. Emery Laub, appellee, brought suit in assumpsit in the Circuit Court of Peoria county, against Joel M. De Vault, appellant, to recover $1,300 with interest thereon, paid on the purchase price of land in Kansas. The declaration contained the common counts only, to which a plea of the general issue was interposed. There was a trial and verdict for appellee for $1,518.10, a motion for a new trial overruled, judgment entered on the verdict, and this appeal.

Appellant urges as reasons for the reversal of the judgment that a recovery…