Illinois Appellate Reports; Official Reports of the Illinois Appellate Courts Volume 178

Illinois Appellate Reports; Official Reports of the Illinois Appellate Courts Volume 178

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ..."pufi'ing" of the value of the good will sold. But we should not consider the judgment justified if it had to rest upon this. The statement of the matter, however, by the defendant himself in his afffidavit of merits and in his counterclaim, borne out as it is also by the meagre evidence on the subject, shows what the law calls and makes a rescission of this contract by mutual consent, despite the attempt to put another aspect on it. In case of such rescissions the parties should be put by each other as nearly as possible in the "statu qua ante, etc.," and the law will compel a final adjustment to this end where only a part of it has been made. The judgment is affirmed. Aflirmed. William M. P. Wolf for use of S. T. Atkins, Defendant in Error, v. A. F. Lake, Plaintiff in Error. Gen. No. 17,230. 1. PI.E.mmo--reference to usee as "plaintijJ'." Where an action is brought by one person for the use of another, it is immaterial that the statement of claim refers to the beneficial usee as "plaintiff." 2. VENDOR AND vENnEE--earnest money. Where a contract for the sale of land provides that the earnest money shall be held by defendant, agent of the vendor, for the mutual benefit of the parties, and in case the purchaser fails to complete the contract shall be forfeited as liquidated damages, defendant does not become liable to plaintiff, the purchaser, in paying the money to the vendor after the plaintiff has refused to complete the contract. 3. Vssooa AND vE:: nEE--when continuation of abstract is waived. In an action to recover earnest money paid on a contract for the purchase of land, plaintiff cannot excuse his failure to complete the contract by showing the abstract was not continued to date, more

Product details

  • Paperback | 230 pages
  • 189 x 246 x 12mm | 417g
  • United States
  • English
  • black & white illustrations
  • 1236939603
  • 9781236939609