Burroughs v. Clancey

Citations

• 53 Ill. 30

Syllabus

<p>1. Pleading—traversing the several breaches assigned in an action of covenant. Each assignment of breach in an action of covenant is regarded as a separate declaration, and may be severally traversed. The plea being as broad as the declaration, and responsive to it, is not demurrable.</p> <p>2. Same—in covenant on a lease, brought by the lessor. In an action of covenant on a lease brought by the lessor, among other breaches, it was alleged there was due and unpaid a certain sum as rent for a specified portion of the term, and that after the lessee had entered, the premises became greatly ruinous, the windows broken and destroyed, the locks and plastering torn off and the premises greatly injured. The defendant traversed these two breaches as follows: First, there was no rent due and unpaid at the time, &c., concluding to the country: Second, that the premises did not become ruinous, &c., concluding to the country: Mdd, that the traverses were good, each breach being separately traversable.</p> <p>3. Compromise—acceptance necessary. In the same action, the defendant pleaded to the- whole declaration, setting up that the parties, having divers disputes concerning the subject matter of the suit, as a compromise and settlement thereof, before suit brought, agreed the lease should be surrendered and annulled, and the same was surrendered and canceled, and the possession given to the plaintiff: Meld, the plea was bad, because it did not aver the plaintiff accepted the possession.</p> <p>4. Recoupment—when allowable—whether damages arre remete. A claim originating in contract may be set off against one founded in tort, if the counter claims arise out of the same subject matter on which the suit on the contract is brought, and are susceptible of adjustment in one action.</p> <p>5. So, in an action of covenant on a lease, brought by the lessor, alleging divers breaches, the defendant pleaded that the premises were leased for hotel purposes; and to induce defendant to take