Himies v. Keighblingher
Illinois Supreme Court
This was an action of trespass on the case, brought by the plaintiff in error against the defendant in error in the Knox Circuit Court, at the September term, 1852, Kellogg, Judge. A demurrer was filed to the declaration, which was sustained by the court, and judgment thereon for the defendant below. The plaintiff below sued out a writ of error. The character of the declaration sufficiently appears in the opinion of the court-
1Opinion of the CourtCaton, J.
This declaration is in case and recites, by way of inducement, a contract between the plaintiff and one Watts, by which the former agreed to sell to the latter certain premises for the sum of two hundred and fifty dollars, payable in specified instalments ; a deed to be executed when a specified part of the consideration was paid ; and it was provided that either party ■failing to perform should forfeit to the other the sum of fifty dollars, and the agreement should be void. The declaration further recites, that the plaintiff executed and acknowledged a deed, which is set out, purporting to…
2Cases cited1 opinion
- Thompson v. GrahamNew York Court of Chancery · 1829
3Cited by24 opinions
- Glass v. BurkettAppellate Court of Illinois · 1978
- Thompson v. DearbornIllinois Supreme Court · 1883
- Bracklein v. Realty Ins. Co.Utah Supreme Court · 1938
- Philpot v. TaylorIllinois Supreme Court · 1874
- Harshbarger v. CarrollIllinois Supreme Court · 1896
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