Armstrong v. Bartram

Citations

• 44 Ill. 422

Syllabus

<p>1. Pleading—of the declaration—where the consideration of a contract is executed, and where it is executory. Where a party promises to pay a sum of money in consideration that the promisee releases all claims he holds against the promisor, although it does not appear what claims were released, yet, if the consideration of the promise to pay, in that regard, was treated by the parties as executed by the mere execution of the contract, the instrument furnishes a prima facie cause of action, in a suit for the money, so far as depends on that portion of it.</p> <p>2. But, where a part of the consideration of the promise to pay the money was executory, being an agreement on the part of the promisee to deliver the possession of land to the promisor, the contract describing no particular land,— in an action to recover the money, it is not enough, in averring performance by the promisee, to allege that “ the land mentioned in the contract was given up,” but the facts in regard to the transaction should be set forth in the declaration with such particularity, that it could be seen what land was in the contemplation of the parties, and that the surrender of the possession was such as the parties intended in the agreement.</p>