Hall v. Perkins

Citations

• 5 Scam. 548

Syllabus

<p>Appeal from Tazewell.</p> <p>1. Demurrer — standing by pleas. Where the record of a cause showed that after a demurrer had been sustained to several pleas, the defendant withdrew two of the pleas upon which issue had been taken, and consented that the court should assess the damages : Held, that the inference was that the defendant simply intended to abide by his pleas to which the demurrer had been sustained, and consént that the court might assess the damages on demurrer.</p> <p>2. Promissory noi'e for land — when conveyance prerequisite of suit. Where the consideration of a promissory note is a bond for the conveyance oí a tract of land, and such conveyance is to be made before the note falls due, it is a good defence to an action upon the note, that the plaintiff did not, at the time specified in the bond, nor subsequently, make the conveyance. In such case the note and bond constitute one agreement, (a) </p>