Gregory v. Wells, 62 Ill. 232 (1871)

Sept. 1871 · Illinois Supreme Court

62 Ill. 232

Alfred Gregory v. Legrand L. Wells.

1. Tender—after suit. In a suit to recover unliquidated damages for breach of contract, the defendant filed a plea averring a tender of money after suit brought, to which the court sustained a demurrer : Held, that the plea was not a good.defense,-either at common law or under our statute.

Writ OF Error to the Circuit Court of Iroquois County; the Hon. Charles E. Starr, Judge, presiding.

Messrs. Hoff & Doyle, for the plaintiff in error.

Mr. Justice Thornton

delivered the opinion of the Court:

This suit was instituted upon a written contract tó deliver corn, and damages are claimed for its breach.

A plea of tender was interposed, averring a tender of money after the commencement of the suit, to which a demurrer was sustained.

The damages to be recovered were for a breach of the contract, and were unliquidated.

In such case this court has decided, in Cilley v Hawkins, 48. Ill. 309, that a plea of tender is not a good plea, either at common law or under our statute.

The demurrer was properly sustained, and the judgment is affirmed.

Judgment affirmed.