Watts v. Balch

Appellate Court of Illinois

Watts v. Balch

182 Ill. App. 377

CourtAppellate Court of Illinois

DecidedOctober 14, 1913

DocketGen. No. 18,496

StatusPublished

This text of 182 Ill. App. 377 (Watts v. Balch) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Watts v. Balch, 182 Ill. App. 377 (Ill. Ct. App. 1913).

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Opinion

Mr. Justice Barnes

delivered the opinion of the court.

Abstract of the Decision. 1. Municipal Court of Chicago, § 13*—statement of claim on contract. In suit on a contract, the covenants being' mutual and dependent, the statement of claim must allege tender of performance or facts excusing the same. 2. Municipal Court of Chicago, g 13*—pleading defenses. When statement of claim on a contract containing mutual and dependent covenants does not aver tender of performance -or excuse therefor, an affidavit of merits setting up want of tender, held a good defense. 3. Contracts, § 298*—necessity of tender of performance. Covenants in a contract whereby one party agrees to purchase and the other agrees to sell and deliver are mutual and dependant covenants, and neither party, without tender of performance, can demand performance of the other.

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Mr. Justice Barnes

delivered the opinion of the court.

Abstract of the Decision. 1. Municipal Court of Chicago, § 13*—statement of claim on contract. In suit on a contract, the covenants being' mutual and dependent, the statement of claim must allege tender of performance or facts excusing the same. 2. Municipal Court of Chicago, g 13*—pleading defenses. When statement of claim on a contract containing mutual and dependent covenants does not aver tender of performance -or excuse therefor, an affidavit of merits setting up want of tender, held a good defense. 3. Contracts, § 298*—necessity of tender of performance. Covenants in a contract whereby one party agrees to purchase and the other agrees to sell and deliver are mutual and dependant covenants, and neither party, without tender of performance, can demand performance of the other.

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Bluebook (online)

182 Ill. App. 377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watts-v-balch-illappct-1913.