Rockford, Rock Island & St. Louis R. R. v. Beckemeier

Citations

• 72 Ill. 267

Syllabus

<p>1. Covenant—only lies against one who executes a deed. An action of covenant will not lie against the grantee in a deed executed by the plaintiff, for a failure by the grantee, after accepting the deed and taking possession under it, to perform the conditions upon which the deed, as therein expressed, was executed.</p> <p>3. Practice—time to object to form of action. When a defendant fails to raise the question in the court below as to the sufficiency of the form of action, cither by demurrer or by motion in arrest of judgment, he will be regarded as having waived the objection, and will not be permitted to raise it for the first time in the Supreme Court.</p> <p>3. Measure oe damages—for failure to fence railroad trade and erect depot in consideration of right of way. In a suit against a railroad company for a failure to erect a depot building upon .the plaintiff’s land, and also to erect a sufficient fence on each side of a strip of land conveyed by plaintiff, which it had undertaken to do in consideration of such conveyance to it, the value of such strip of land, and the damage- occasioned to the balance of the farm by the failure to fence it, would be the natural and proximate damage which the plaintiff would be entitled to recover.</p> <p>4. But any supposed damage to the farm on account of the failure to build the depot, growing out of anticipated increased value, is too remote to be considered a necessary consequence of the failure to build the depot, and for such damages no recovery can be had.</p>