Christopher v. Ballinger

Citations

• 47 Ill. 107

Syllabus

<p>1. Assumpsit—of a plea in bar. Where there is an agreement between parties to a suit, that upon compliance with certain conditions the suit shall be dismissed upon compliance, the agreement cannot be pleaded in bar. Upon motion to dismiss, supported by affidavit, or if the agreement were pleaded in abatement, the court might order the suit to be dismissed.</p> <p>2. Damages—of consideration to support the promise. Upon proof of consideration for such agreement, good in law, an action for damages would lie for nonperformance.</p>