Comstock v. Ward
Illinois Supreme Court
This was an appeal from a justice, commenced November. 3rd, 1858. Justice’s transcript shows that suit was brought on book account for $100. Verdict in Circuit Court, $70, for plaintiff; motion for new trial overruled, and judgment upon the verdict. The suit was brought to recover for work and labor, wood, rails, posts, hay, and damages for the breach of a contract for letting forty acres of land by defendant to plaintiff.
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This was an appeal from a justice, commenced November. 3rd, 1858. Justice’s transcript shows that suit was brought on book account for $100. Verdict in Circuit Court, $70, for plaintiff; motion for new trial overruled, and judgment upon the verdict. The suit was brought to recover for work and labor, wood, rails, posts, hay, and damages for the breach of a contract for letting forty acres of land by defendant to plaintiff. Alexander Ward testified, that he was brother of plaintiff, and that plaintiff and defendant stated over the contract to him in relation to defendant’s letting plaintiff…
1Opinion of the CourtBreese, J.
This action was commenced before a justice, and tried on appeal de novo, in the Circuit Court. We are satisfied the contract proved was in relation to an interest in land, and was not to be performed within one year from the time of making it, and therefore the third instruction asked by the defendant should have been given, as it does substantially declare the law of the case.
In a justice’s court, it is presumed the statute is pleaded.
The judgment is reversed.
Judgment reversed.
2Cited by9 opinions
- Cochran v. WardIndiana Court of Appeals · 1892
- Wheeler v. Frankenthal & Bro.Illinois Supreme Court · 1875
- Williams v. CorbetIllinois Supreme Court · 1862
- Wickson v. Monarch Cycle Manufacturing Co.California Supreme Court · 1900
- Baumgarten v. CohnWisconsin Supreme Court · 1910
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