Caldwell v. Richmond
Cases that cite this one
2 later published cases cite this decision.
- Foster v. People ex rel. Apolodimas (Ill. App. Ct. 1905)
- Chicago Sash, Door & Blind Manufacturing Co. v. Haven (Ill. 1902)
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:
The special count in the declaration in this ease was defective in not averring a tender of performance or readiness to perform on the part of the plaintiff. The defendant, however, waived his demurrer by pleading nil debet. This was not a good plea, but the parties went to trial and the jury found a verdict for the plaintiff for $740, without specifying whether it was for debt or damages, and the court rendered a general judgment for that amount. In this there was error. As has often been decided by this court, the verdict should havé specified the debt and damages, and a judgment should have been rendered for the debt, to be satisfied by the payment of the damages and costs. The judgment is reversed and the cause remanded.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.