Curtis v. Sage
Illinois Supreme Court
Writ of Error to the Circuit Court of Knox county; the Hon. Charles B. Lawrence, Judge, presiding. This was an action of assumpsit commenced in the court below by Horace L. Sage, as the vendor, against Alfred S. Curtis, as vendee of certain real estate, to recover for a breach of an alleged parol agreement made by Curtis, on the sale, to pay off and discharge certain incumbrances thereon, which he failed to pay, and which being secured by the individual notes of Sage, he was…
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Writ of Error to the Circuit Court of Knox county; the Hon. Charles B. Lawrence, Judge, presiding. This was an action of assumpsit commenced in the court below by Horace L. Sage, as the vendor, against Alfred S. Curtis, as vendee of certain real estate, to recover for a breach of an alleged parol agreement made by Curtis, on the sale, to pay off and discharge certain incumbrances thereon, which he failed to pay, and which being secured by the individual notes of Sage, he was compelled to pay. The declaration set forth a special agreement, and also contained the common counts. The defendant…
1Opinion of the CourtJustice Breese
It is assigned as error on this record, that the Circuit Court allowed the plaintiff to amend his declaration after the commencement of the trial, and after some of the jurors had been called, and denying the motion of the defendant for a continuance by reason of that amendment.
To determine whether this error is well assigned, and as it is preliminary to the consideration of the merits of the case, we must understand the condition of the pleadings at the time, and the character of the amendment.
In one of the counts of the declaration, reference was made to a certain deed, giving the names of…
2Cited by25 opinions
- McClellan v. SanfordWisconsin Supreme Court · 1870
- Diamond v. JacquithArizona Supreme Court · 1912
- Dant v. HeadCourt of Appeals of Kentucky · 1890
- American College of Surgeons v. Lumbermens Mutual Casualty Co.Appellate Court of Illinois · 1986
- Chicago Attachment Co. v. Davis Sewing Machine Co.Illinois Supreme Court · 1892
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