Gregory v. Wells
Cases that cite this one
1 later published case cites this decision.
- Garrett v. American Fruit Growers, Inc. (Fla. 1938)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.