Ashbaugh v. Murphy
Illinois Supreme Court
Appeal from the Circuit Court of Stephenson county; the Hon. William Brown, Judge, presiding. This was an action of covenant upon a written contract for the sale of certain lands by Michael Murphy and Elizabeth Murphy, his wife, to the defendant, Oliver T. Ashbaugh, which contract the defendant had destroyed. The defendant covenanted to pay $1680 for the land, and paid $55 on the same. The plaintiff recovered judgment for $250 damages.
1Opinion of the CourtJustice Scott
No variance is perceived between the proof as to the description of the land and the description given in the declaration. Plaintiff seems to have been a rather dull witness, but the jury and court appear to have understood him to describe the land- substantially as it is described in the declaration, and that is sufficient.
Objection is taken to a remark made by the court in relation to the identity of the description of the land; but in view of the fact the court had been repeatedly urged to exclude all evidence on that branch of the case offered by plaintiff, it is not perceived how the…
2Cited by5 opinions
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