Johnston & Deverilll v. Salisbury

Citations

• 61 Ill. 316

Syllabus

<p>Assumpsit—whether it will lie. In an action of assumpsit, the plaintiff sought to recover the value of a horse, buggy and harness, delivered to the defendants upon a contract under seal by which they agreed, upon certain conditions, to convey to the plaintiff a certain lot of ground. The plaintiff based liis action upon the theory that defendants had refused to perform their contract: Held, that, in order to maintain assumpsit, it would be necessary to prove the sale of the horse, buggy and harness, by the defendants, or their conversion in some way into money or money’s worth, and in the absence of such proof the plaintiff should resort to covenant on the sealed instrument to recover his damages, or, treating the contract as rescinded, trover or replevin for the property, after demand made.</p>