Derickson v. Chicago South Branch Dock Co.
Appellate Court of Illinois
Error to the Superior Court of Cook county; the Hon. George Gardner, Judge, presiding. April 10, 1880, the Chicago South Branch Dock Company, as party of the first part, entered into articles executed in duplicates, with Richard P. Derickson, as party of the second part, whereby the former agreed to sell and convey to the latter upon certain terms and conditions, real estate, consisting of five lots situate in Chicago, and particularly described in said articles.
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Error to the Superior Court of Cook county; the Hon. George Gardner, Judge, presiding. April 10, 1880, the Chicago South Branch Dock Company, as party of the first part, entered into articles executed in duplicates, with Richard P. Derickson, as party of the second part, whereby the former agreed to sell and convey to the latter upon certain terms and conditions, real estate, consisting of five lots situate in Chicago, and particularly described in said articles. The party of the second part covenanted to -pay to the party of the first part for such real estate, the sum of $56,250, as…
1Opinion of the CourtMcAllister, J.
The remedies open to a vendor in case of default in the payments by the vendee, are comprehensively stated by Hr. Justice Nelson in the case of Hansbrough v. Peck, 5 Wallace, 506: “ He may sue on the contract and recover judgment for the purchase money, and take out execution against the property of the defendant, and, among other property, the land sold; or he may bring ejectment and recover back the possession; but in that case the purchaser, by going into a court of equity within a reasonable time and offering payment of the purchase money together with costs, is entitled to a performance…
2Cases cited1 opinion
- Judd v. EnsignNew York Supreme Court · 1849
3Cited by2 opinions
- Holden v. HoldenAppellate Court of Illinois · 1887
- Sloane v. WellsAppellate Court of Illinois · 1891