Russell v. Gillmore

Citations

• 54 Ill. 147

Syllabus

<p>1. Pleading—when the plaintiff must declare specially. A recovery can not Be had in an action for money had and received, on a special contract, the breach of which is the gravamen of the action.</p> <p>2. So there can be no recovery in an action of general indebitatus assumpsit where the claim is upon a warranty of a chattel, for such a declaration would not apprise the defendant of the matter he is to defend. In such case, the plaintiff should count specially on the contract.</p>