Harper v. Tidholm
Illinois Supreme Court
Writ op Error to the Superior Court of Cook county; the Hon. W. G. Ewing, Judge, presiding. This is a bill by defendant in error to remove a cloud from his title.
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Writ op Error to the Superior Court of Cook county; the Hon. W. G. Ewing, Judge, presiding. This is a bill by defendant in error to remove a cloud from his title. The record shows that on April 28, 1891, Harper, plaintiff in error, and Tidholm, defendant in error, entered into the following written agreement: “This memorandum witnesseth, that August Tidholm hereby, agrees to sell', and W. W. Harper, Jr., agrees to purchase, at the price of twenty-five thousand ($25,000) dollars, the following described real estate, situated in Cook county, Illinois: Lots three (3), four (4), five (5) and six…
1Opinion of the CourtJustice Carter
Substantially the only question raised by the pleadings and proofs, as well as by the arguments of counsel, is, was the abstract of title furnished by plaintiff in error to defendant in error, under the agreement for the sale of the premises mentioned, a merchantable abstract? Counsel for defendant in error state the question as follows : “The issue raised by the pleadings, and upon which evidence was adduced, was whether the abstract furnished was merchantable, and in compliance with the .terms of the contract. * * * It is not a question of whether the separate conveyances noted are…
2Cited by13 opinions
- Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
- Sawyer v. CookMassachusetts Supreme Judicial Court · 1905
- Geithman v. EichlerIllinois Supreme Court · 1914
- Lang v. HedenbergIllinois Supreme Court · 1917
- Weiss v. United States Fidelity & Guaranty Co.Illinois Supreme Court · 1921
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