Demurrer, Joinder in Dow v. Averill & Low, [Law papers].

Summary: In 1837, Averill and Low purchased sixty town lots in Pekin, Illinois, from Field for $700 and gave two promissory notes of $400 and $300 in payment. The parties further agreed that Averill and Low would give half the proceeds from the sale of their sixty lots to Field and that Field would pay Averill and Low half of the proceeds from the sale of sixty additional lots. Field also agreed to wait for payment of the notes, in disregard of specified due dates, until Averill and Low had sold enough lots to pay the notes in full. Field assigned the $400 note to Dow, who sued after Averill and Low failed to pay by the due date. Averill and Low retained Stuart and Lincoln, who used the written contract as evidence to prove that there had been no breach of contract. The court ruled for Averill and Low, and Dow appealed to the Illinois Supreme Court. Averill and Low retained Lincoln for the appeal, and Lincoln moved to dismiss the appeal because Dow had failed to assign his errors according to the rule of the court. The supreme court accepted the motion and dismissed the appeal.