Tobey v. Foreman
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Samuel M. Moore, Judge, presiding. May 9, 1872, appellee, Foreman, filed his bill in equity against appellants, Tobey and Booth, for the specific performance of an alleged contract for the conveyance of certain real estate in the city of Chicago.
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Appeal from the Superior Court of Cook county; the Hon. Samuel M. Moore, Judge, presiding. May 9, 1872, appellee, Foreman, filed his bill in equity against appellants, Tobey and Booth, for the specific performance of an alleged contract for the conveyance of certain real estate in the city of Chicago. The contract was dated March 15, 1872; provided for the payment of $1000 cash, and $27,000 on delivery of a deed; for the giving of a deed April 25, 1872, and the delivery of possession by May 1, 1872; made time of the essence of the contract, and was signed: “H. D. Booth, [seal] O. H. Tobey,…
1Opinion of the CourtJustice Sheldon
It is insisted that the court erred in sustaining the demurrer to the cross-bill, and dismissing the same.
Palpably, the cross-bill is wholly destitute of equity. The admitted lack of readiness and willingness on the part of appellants to perform, precludes all right to demand from appellee a specific performance of the contract.
It is supposed by appellants that it is not necessary that a cross-bill should show any ground for equitable relief, and authorities are cited as favoring that view. But wherever the cross-bill seeks relief, it is indispensable that it should be equitable relief,…
2Cited by2 opinions
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