Cairo & Vincennes Railroad v. Dodge

Citations

• 72 Ill. 253

Syllabus

<p>1. Pleading—a plea which sets up something to be done under a contract should set out the contract. A plea setting up a partial failure of the consideration of a note, by reason of the non-performance of an agreement by the plaintiff to pay all persons who had done work, furnished materials or rendered services, etc., under a certain contract in the agreement mentioned, without setting out the contract referred to in the plea as mentioned in the agreement, is defective.</p> <p>2. Same—should state facts, and, not conclusions. A plea, that the defendant assumed and became liable for the payment of certain claims against the plaintiff, whereby the plaintiff was released from their payment, without stating in what manner the defendant became liable, or how the plaintiff became released from their payment, is defective.</p> <p>3. Same—set-off-^money assumed to be paid, not the subject of plea. There is no sanction for a plea of setoff, or an indebitatus count for money assumed to be paid, or for money paid and assumed to be paid.</p> <p>4. A plea of setoff for money paid and assumed to be paid, in pursuance of a certain agreement, should set out what the agreement was, in the respect referred to, and if it fails to do so, it is defective in that respect.</p>