delivered the opinion of the court.
Woods v. Gamper, 203 Ill. App. 187 (1916)
Nov. 13, 1916
·
Illinois Appellate Court
203 Ill. App. 187
James A. Woods and Edward Boyd, trading as Woods & Boyd, Appellants, v. Edwin Gamper and A. F. Cook, Appellees.
(Not to be reported in full.)
Abstract of the Decision.
1. Release, § 23 * —what plea of should contain. A plea setting up an agreement relied upon as releasing a defendant from the obligation sued on should set out such agreement definitely and certainly and not in a mere argument.
2. Release, § 23 * —when plea of is insufficient. In an action upon a contract wherein defendants agreed to pay plaintiffs for the construction of a well upon premises which one of the defendants had leased, where plea was filed claiming under the con*188tract a release from such obligation by reason of one of tho defendants having turned over said lease to a certain corporation as contemplated in said contract, under whose direction and employment plaintiffs continued the construction of the well as set up m the plea, held that defendants were not released from such obligation, and the statement in said plea that defendants were released was simply a conclusion of the pleader.
*187Appeal from the Circuit Court of Edwards county; the Hon. Julius C. Keen, Judge, presiding. Heard in this court at the March term, 1916.
Reversed and remanded with directions.
Opinion filed November 13, 1916.
Statement of the Case.
Action by James A. Woods and Edward Boyd, partners, trading as Woods & Boyd, plaintiffs, against Edwin Gamper and A. F. Cook, defendants, to recover upon a written agreement for the drilling of an oil well by plaintiffs for defendants. From a judgment against plaintiffs for costs, plaintiffs appeal.
McGaughey & Tohill and Allen Walker, for appellants.
John A. MacNeil and S. J. Gee, for appellees.