Gehr v. Hagerman
Illinois Supreme Court
This was an action of assumpsit brought by plaintiff in error against defendant in error, and tried before Harriott, Judge, and a jury, at June term, 1860, of the Tazewell Circuit Court. The declaration contained the common money counts. Defendant filed a plea of the general issue, and three special ' pleas.
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This was an action of assumpsit brought by plaintiff in error against defendant in error, and tried before Harriott, Judge, and a jury, at June term, 1860, of the Tazewell Circuit Court. The declaration contained the common money counts. Defendant filed a plea of the general issue, and three special ' pleas. Second plea averred that the money was paid by plaintiff for purchase of land of defendant, and that defendant delivered possession to plaintiff, and that the deed was to be made at the convenience of the parties, and that the defendant made a deed and tendered it. The third plea avers…
1Opinion of the CourtWalker, J.
It is urged that the court erred in receiving evidence that plaintiff had used the land in controversy, from the time of the purchase until the commencement of the suit, by cutting and removing farm timber and fire wood. If this evidence was legitimate for any purpose, then it was properly received. The grounds of recovery relied upon were, that plaintiff had rescinded the contract of purchase, and to rebut that presumption the evidence was proper for the consideration of the jury. The plaintiff, before he could rescind, was bound to restore the property, or at least offer to restore it to…
2Cited by6 opinions
- Wheeler v. MatherIllinois Supreme Court · 1870
- Wallace v. McLaughlinIllinois Supreme Court · 1870
- Snyder v. SpauldingIllinois Supreme Court · 1870
- Martin v. ChambersIllinois Supreme Court · 1877
- Williams v. DunasAppellate Court of Illinois · 1976
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