People's Pure Ice Co. v. Trumbull
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. These suits involve a controversy in-regard to the right of the respective parties to an artificial ice plant in the city of Chicago, and to the lot on which the same is situated. The facts and the evidencie are quite voluminous. There are hills and answers, and cross hills and answers, all finally consolidated in one suit.
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Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. These suits involve a controversy in-regard to the right of the respective parties to an artificial ice plant in the city of Chicago, and to the lot on which the same is situated. The facts and the evidencie are quite voluminous. There are hills and answers, and cross hills and answers, all finally consolidated in one suit. The matters involved have heen several times referred to a master, and reports made. The first and principal report was set aside, in the main, hy the court…
1Opinion of the CourtBunn, District Judge
(after stating the facts as above). The principal questions discussed by counsel are: (1) Whether the evidence shows such a contract for an interest in real estate, followed by part performance upon the part of complainants in the original bill, as to take the case out of the statute of frauds, and entitle the complainants to a specific performance. (2) Is the action for specific performance barred by the judgment in the forcible entry and detain-er suit? (3) Allowing that the complainants are entitled to have the contract for a five-years lease specifically performed, are they now, after the…
2Cases cited10 opinions
- Kurtz v. HibnerIllinois Supreme Court · 1870
- Riggles v. ErneySupreme Court of the United States · 1894
- Morrison v. HerrickIllinois Supreme Court · 1889
- Union Pacific Railway Co. v. McAlpineSupreme Court of the United States · 1889
- Bright v. BrightIllinois Supreme Court · 1866
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3Cited by2 opinions
- Jones v. PatrickU.S. Circuit Court for the District of Nevada · 1905
- Miller v. Consolidated Royalty Oil Co.Court of Appeals for the Eighth Circuit · 1927