Byrne v. McNulty
Illinois Supreme Court
Covenant in the Jo Daviess Circuit Court, brought by the appellee against the appellant, and heard at the October term 1844, before the Hon. Thomas C. Browne, upon a demurrer to the declaration. The material averments of the declaration will be found in the Opinion of the Court. The demurrer was overruled, and the defendant electing to abide by his demurrer, a jury was called to inquire of damages, and a verdict for $307*93 was returned in favor of the plaintiff below.
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Covenant in the Jo Daviess Circuit Court, brought by the appellee against the appellant, and heard at the October term 1844, before the Hon. Thomas C. Browne, upon a demurrer to the declaration. The material averments of the declaration will be found in the Opinion of the Court. The demurrer was overruled, and the defendant electing to abide by his demurrer, a jury was called to inquire of damages, and a verdict for $307*93 was returned in favor of the plaintiff below. The defendant then moved to set aside the inquest, which motion was overruled by the Court, when a motion in arrest of…
1Opinion of the Court
The Opinion of the Court was delivered by
Treat, J.*
In March, 1841, John McNulty and Philip Byrne, being the proprietors of adjoining lots in the city of Galena, executed an agreement under seal, by which McNulty agreed to build a division wall between the lots,, of certain specified materials and dimensions, to be completed during that spring or the following summer; and Byrne, on his part, agreed to pay McNulty in March, 1843, one half of the expense of building the wall. In May, 1843; McNulty instituted an action of covenant against Byrne, on the aforementioned agreement, averring in his…
2Cases cited1 opinion
- Thomas v. Van NessNew York Supreme Court · 1830
3Cited by1 opinion
- Austin v. LoringSupreme Court of Missouri · 1876