Nye v. Raymond
Illinois Supreme Court
This action was commenced in the Brown Circuit Court upon a bond given by Raymond to Nye for $1,300. The condition of the bond recites that Raymond purchased of Nye “ his patent portable saw-mill, together with the right of Brown county for the same, together with the four horses, ox wagon, gears and all the fixtures and implements belonging to Nye about the mill,” as the same was there used, etc.
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This action was commenced in the Brown Circuit Court upon a bond given by Raymond to Nye for $1,300. The condition of the bond recites that Raymond purchased of Nye “ his patent portable saw-mill, together with the right of Brown county for the same, together with the four horses, ox wagon, gears and all the fixtures and implements belonging to Nye about the mill,” as the same was there used, etc. The third plea avers that the consideration of the bond and condition in plaintiff’s declaration mentioned, had partially failed, because the plaintiff was not the owner and had no title to the said…
1Opinion of the Court
Catón, J.
The declaration in this case, is upon a bond for the payment of thirteen hundred and fifty dollars, which bond recites that it is for the purchase, by the defendant of the plaintiff, of “ his patent portable saw-mill, together with the right of Brown county for the same, together with the four horses, ox wagon,” etc.. To this the defendant filed two special pleas averring a failure of consideration to the extent of one thousand dollars, in this, that the plaintiff had no right to sell such patent; and, in fact, that there was no patent upon the saw mill, and that such patent would…
2Cited by2 opinions
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