Hurd v. Denny
Illinois Supreme Court
Denny sued Hurd in assumpsit, to recover certain moneys which he had paid Hurd for land, which Hurd had contracted to sell him. The evidence showed that Hurd admitted that he had sold and conveyed the land to another, while he had promised to convey to Denny. The cause was tried before Morris, Judge, and a jury, at May term, 1854, of the Kane Circuit Court. Verdict and judgment for Denny, in the Circuit Court.
1Opinion of the CourtScates, C. J.
We arc called upon for revision of the instructions refused to plaintiff, and given by court, of his own motion. No motion being made for a new trial, the evidence is not before us for revision of the finding.
The instruction refused, we think misconceived the nature of this action. It seems to be predicated upon the idea that the suit is in the nature of an action for a specific performance, and consequently, to entitle himself to a recovery, defendent must show performance of precedent conditions. But the suit is to recover back the consideration paid, on a breach of the contract by…
2Cited by4 opinions
- Seaver v. HallNebraska Supreme Court · 1897
- Treat v. SmithAppellate Court of Illinois · 1907
- Seiberling v. LewisAppellate Court of Illinois · 1901
- Cooper v. StocktonSupreme Court of Missouri · 1875