Purington v. Akhurst

Citations

• 74 Ill. 490

Syllabus

<p>1. Mortgage—or a sale. Where a bill of sale is made of vessels, absolute on its face for one-half interest therein, it will require evidence of the clearest character to show that it was intended only as a mortgage to secure a loan, or advances.</p> <p>3. Evidence — contract not signed. A contract prepared by a party, though not executed by either party, is entitled to great weight as evidence in showing what was the real contract between them.</p> <p>3. Practice in Supreme Court — as to errors assigned. If a party desires to urge a ground of reversal he should state the same in his opening argument, so as to give the other party a chance to reply. But if it is specially assigned for error, this court cannot disregard it.</p>