McKenna v. McKenna
Appellate Court of Illinois
Action of assumpsit. Appeal from the Circuit Courtof Cook County; the Hon. Edward F. Dunne, Judge, presiding.
1Opinion of the CourtJustice Smith
It is urged that the Circuit Court erred in admitting in evidence the contract sued on, because the consideration set forth in the second special count of the amended declaration, the only count under which the instrument was admissible, differed materially from that expressed in the instrument.
The last clause of the instrument says “this agreement is made and accepted on both sides in full settlement of all past and present differences between them of every name and nature whatsoever.” This is a general statement of the consideration for the agreement, and it is substantially the…
2Cases cited5 opinions
- Graves v. . WhiteNew York Court of Appeals · 1882
- Williams v. ForbesIllinois Supreme Court · 1868
- Bannister v. ReadIllinois Supreme Court · 1844
- Huey v. GrinnellIllinois Supreme Court · 1869
- Rowe v. RoweAppellate Court of Illinois · 1879
3Cited by5 opinions
- Sauder v. DittmarCourt of Appeals for the Tenth Circuit · 1941
- Woodard v. Willamette Val. Irr. Land Co.Oregon Supreme Court · 1918
- Thompson v. JostNebraska Supreme Court · 1922
- Donk Bros. Coal & Coke Co. v. TetheringtonAppellate Court of Illinois · 1906
- Blackmore v. RandolphAppellate Court of Illinois · 1928