Meyers v. Schemp

Citations

• 67 Ill. 469

Syllabus

<p>1. Common counts—when, price of sale may be recovered under. Where property is purchased, to he paid for in anything but money, no action can be maintained by the seller under the common counts.</p> <p>2. Indebitatus assumpsit—when plaintiff can not recover in. Indebitatus assumpsit will not lie where the agreement is not for the payment of money, but for the doing of some other thing. The declaration in such a case must be special.</p> <p>3. Sale—when reasonable time for payment will be inferred. If a party sells a brick building, agreeing to receive payment of the price in the brick when taken out of the walls, at a certain price per thousand, the price will not be due immediately, but the purchaser will be entitled to a reasonable time to prepare the brick for delivery before he can be considered in default.</p> <p>4. Statute of Frauds—sale of brick in walls of burned building. Where a building was burned, and the owner afterwards verbally sold the brick, some of which had been severed by the fire, but the greater part remaining in the walls, it was held, that the brick in the walls was realty, and the sale being an entirety, was within the Statute of Frauds.</p> <p>5. Same—when not necessary to be pleaded. Where the plaintiff declares upon the common counts only, and seeks to recover the price of realty sold, it is competent for the defendant to rely upon the Statute of Frauds without pleading it.</p>