North v. Kizer

Citations

• 72 Ill. 172

Syllabus

<p>1. Contract—time of performance may be extended without any new consideration. The time of performance of a contract may be extended by a subsequent parol agreement,- and no new consideration is necessary.</p> <p>3. Pleading—me of the word “agreed,” in declaration in assumpsit, does not make the count one in debt. In an action of assumpsit upon a contract, which is set out in hose verba in the declaration, the use of the word “agreed,” in an averment as to an extension of the time of performance of the contract, does not make the count one in debt.</p> <p>3. A declaration in assumpsit which does not contain the word “promised,” may nevertheless be good, provided it sufficiently appears,from the whole declaration, that what is equivalent to a promise has taken place, and where a promise and a consideration are substantially set forth, the count in this respect is sufficient on general demurrer.</p> <p>4. Samé—when instrument is set out in hose verba, its legal effect need not be averred. In declaring upon a written contract, the pleader may do so either by setting it out in heec verba, or according to its legal effect. When the former mode is adopted', the court will construe the contract for the pleader, and recognize what is its legal effect, and for the pleader, after having set out the contract in its very words, to declare further what is its legal effect, is superfluous,</p> <p>6. Practice where defendant abides by his demurrer—faulty counts — assessment of damages. Where a general demurrer several to each count in a declaration is overruled, and the defendant abides by his demurrer, and plaintiff’s damages are assessed, and judgment therefor rendered, the judgment will not be reversed, if one of the counts is good, and the evidence heard on the assessment of damages is applicable to such good count, notwithstanding the other counts may be faulty.</p> <p>6. Where a defendant abides by his demurrer to the plaintiff’s declaration, he is at liberty to cross-exa