Stow v. Russell

Citations

• 36 Ill. 18

Syllabus

<p>1. Demurrer in chancery — its office amd effect, amd what is admitted thereby. A demurrer to a bill in chancery only admits that which is well stated or pleaded. It is always to the merits and in bar of the relief sought, and proceeds upon the ground, that, admitting the facts stated in the bill to be true, the complainant is not entitled to the relief he seeks. It is always founded upon some strong point of law, going to the absolute denial of the relief sought, but defects in substance are not supplied or aided by it, nor defective statements of title or claims to relief cured by it. It does not admit any matters of law which may be suggested in the bill, or inferred from the facts stated in it.</p> <p>2. Same — amd herein, in what good pleading consists. Where a complainant in chancery, in seeking to avoid the effect of certain stipulations in a contract, makes a general statement that he was induced to enter into the contract by the statements and assurances of the agent of the other party, such a statement is not admitted by a demurrer to the bill, for the reason that no specific fact or facts are thereby charged of an improper character, or unworthy or disreputable means used, to induce the execution of the contract.</p> <p>3. Nor is a general allegation in the bill that there were errors in computation of the amounts in reference to which the contract was made, admitted by a demurrer, because it is not well pleaded. In such an allegation there is nothing specific or tangible, which could be denied by answer. There being no fact stated, showing errors in the amount, or the extent of the errors, or any errors in the computation shown, nothing is distinctly and unequivocally asserted, demanding denial or answer.</p> <p>4. Contracts—construction thereof—whether a new contract,-or in eatenmn of a prior one. Russell made a contract in writing, by which he agreed to sell to Stow, certain real estate, at a stipulated price, one thousand dollars of which was paid d