Deal v. Dodge
Illinois Supreme Court
■ This was a declaration in assumpsit, containing two special counts on two promissory notes, and the common counts. Plea of general issue, and stipulation of plaintiffs and defendants, that all matters that could be properly pleaded should be given in evidence under the general issue. Trial by jury at the December term, 1860, and verdict for defendants. Motion for a new trial overruled, and judgment on the verdict. Appeal prayed and granted.
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■ This was a declaration in assumpsit, containing two special counts on two promissory notes, and the common counts. Plea of general issue, and stipulation of plaintiffs and defendants, that all matters that could be properly pleaded should be given in evidence under the general issue. Trial by jury at the December term, 1860, and verdict for defendants. Motion for a new trial overruled, and judgment on the verdict. Appeal prayed and granted. The facts of this case are substantially as follows: On the 16th day of August, 1856, Iris Hobson sold to Joseph • Brewer, the S. E. N. E. Sec. 31, T.…
1Opinion of the CourtCaton, C. J.
We fully recognize the principle, that the true consideration of the notes was the land, and not the covenants in the deed, and as the title to the land had been defeated by an incumbrance prior to the deed to the defendant, the title at the time of the maturity of the notes had failed, and so the consideration of the notes failed, if the defendant so chose to treat it, and the defendant then had the right to repudiate the contract of sale, and the notes, for the reason that the consideration of the notes had failed. But the mere declaration that he repudiated the contract was not sufficient…
2Cited by1 opinion
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