Parker v. Garrison
Illinois Supreme Court
Appeal from the Circuit Court of Kankakee county; the Hon. Chables H. Wood, Judge, presiding. The bill alleges that John T. Parker, about the first of February, 1870, agreed to sell a tract of land to Lewis Garrison for |4620, to be paid in installments, with interest; that nothing was paid on the purchase, but Garrison went into possession of the land and occupied and raised a crop of corn, etc., thereon ; that, having failed, and being unable to pay the first installment…
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Appeal from the Circuit Court of Kankakee county; the Hon. Chables H. Wood, Judge, presiding. The bill alleges that John T. Parker, about the first of February, 1870, agreed to sell a tract of land to Lewis Garrison for |4620, to be paid in installments, with interest; that nothing was paid on the purchase, but Garrison went into possession of the land and occupied and raised a crop of corn, etc., thereon ; that, having failed, and being unable to pay the first installment falling due, Garrison prevailed on Parker to release him from the purchase, with the agreement that Parker should treat…
1Opinion of the CourtJustice Sheldon
The question presented by the record in this case is, whether chancery will entertain-jurisdiction of a bill for injunction in the nature of a specific performance of an agreement respecting personal chattels.
There is a distinction taken in equity, in regard to specific performance, between contracts which relate to land and those which relate only to personal chattels, the general rule being that equity will give this relief in contracts of the first, but not in those of the latter kind.
This distinction proceeds upon the ground that, in the case of real estate, damages at law may not afford…
2Cases cited5 opinions
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- The Mechanics Bank of Alexandria v. LOUISA & MARIA SETONSupreme Court of the United States · 1828
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- Greenway v. ThomasIllinois Supreme Court · 1853
- McConnel v. DicksonIllinois Supreme Court · 1867
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