Trinkle v. Reeves
Illinois Supreme Court
This cause was tried before A. Kitchell, Judge, without a jury. Declaration in assumpsit, common counts. Plea, general issue. The parties argued on the trial, that in the fall off 1856, they swapped horses, and in the trade plaintiff was to pay to defendant, fifty dollars, or seventy-five dollars, on a certain house and lot of defendant then bargained to plaintiff, who claims that only fifty dollars was to be paid, and that there was no particular time for payment.
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This cause was tried before A. Kitchell, Judge, without a jury. Declaration in assumpsit, common counts. Plea, general issue. The parties argued on the trial, that in the fall off 1856, they swapped horses, and in the trade plaintiff was to pay to defendant, fifty dollars, or seventy-five dollars, on a certain house and lot of defendant then bargained to plaintiff, who claims that only fifty dollars was to be paid, and that there was no particular time for payment. Defendant claims that seventy-five dollars was to be paid by 25th of December, 1856. Henry Manning testified that defendant,…
1Opinion of the CourtCaton, C. J.
As there was no evidence of any other indebtedness from Reeves to Trinkle, than the price of the house and' lot, which he had agreed by parol to purchase of Trinkle, the presumption is that the forty-five dollars which he paid to the creditor of Trinkle at his request, was understood by both parties to be upon that indebtedness. The case then stands precisely as if Reeves had paid Trinkle that amount as a part of the purchase money of the house and lot.
After this, Trinkle put it out of his power to fulfill the parol agreement for the conveyance of the house and lot to Reeves, by conveying it…
2Cited by6 opinions
- Bevelot v. LestradeIllinois Supreme Court · 1894
- Bolton v. HulingIllinois Supreme Court · 1902
- People ex rel. Temple v. WilliamsAppellate Court of Illinois · 1976
- White v. MackeyAppellate Court of Illinois · 1899
- Dube v. SimardSupreme Judicial Court of Maine · 1925
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