Miller v. Wilson
Illinois Supreme Court
Appeal from the Appellate Court for the Second District heard in that court on appeal from the Circuit Court of JoDaviess county; the Hon. J. H. Cartwright, Judge, presiding. This was an action of assumpsit, brought by Matthew M. Miller, against Robert R. Wilson, to recover a balance due on the purchase price of certain lots in Clay Center, Kansas, under an alleged contract of sale made by Miller to Wilson. The declaration contained two special counts and the common counts.
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Appeal from the Appellate Court for the Second District heard in that court on appeal from the Circuit Court of JoDaviess county; the Hon. J. H. Cartwright, Judge, presiding. This was an action of assumpsit, brought by Matthew M. Miller, against Robert R. Wilson, to recover a balance due on the purchase price of certain lots in Clay Center, Kansas, under an alleged contract of sale made by Miller to Wilson. The declaration contained two special counts and the common counts. The first special count was, in substance, as follows: That on the 21st of October, 1887, at Clay Center, Kansas,…
1Opinion of the CourtJustice Craig
Conceding the facts to be as found by the Appellate Court and recited in its judgment, the question is whether the judgment rendered by that court is one authorized by the facts. The contract sued upon was executed in Kansas. It related to lands in Kansas, and the Appellate Court reversed the judgment rendered in the circuit court on the contract, on the ground that there was no memorandum signed in writing by the defendant, and that the contract was within the Statute of Frauds of this State, and hence an action could not be enforced upon it. It will be observed that the Statute of Frauds of…
2Cases cited8 opinions
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- Houghtaling v. BallSupreme Court of Missouri · 1853
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