Beard v. Converse

Citations

• 84 Ill. 512

Syllabus

<p>1. Statute of Frauds—must be pleaded. The general rule is, that if a party would avail of the Statute of Frauds as a defense, he must plead it.</p> <p>2. Same—when may be availed of under general issue. Where a party declares only on the common counts, and seeks to recover for the agreed price of realty, or any other consideration for a contract within the Statute of Frauds, it is competent to rely on that statute as a defense without pleading it, and advantage may be taken of it, on the evidence, under the general issue.</p> <p>3. Same—whether contract within the statute. Where a party agrees with the owner of land to pay to him a certain sum of money in consideration that he will donate the land to a third parly and induce such third party to enter into a contract with the first named party to purchase coal from him, and the owner does donate the land and procure such contract, the real consideration for the contract to pay the money is, procuring such contract to buy coal, and not the agreement to donate the land; and, on a suit for the recovery of the money so to be paid, the question of the Statute of Frauds does not arise.</p>