Watson v. Doyle
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Lobin C. Collins, Judge, presiding. ■ Inadequacy of price, in order to constitute a defense to a bill for specific performance, must be so gross and palpable as to amount to fraud. Coles v. Trecothick, 9 Ves. 246; Barell v. Damen, 2 Hare, 450; Lee v. Kirby, 104 Mass. 428; Burtch v. Hogge, Harr. Ch. 46; Conrad v. Schaub, 53 Wis. 374. Mere drunkenness will not release a party from his contracts.
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Appeal from the Circuit Court of Cook county; the Hon. Lobin C. Collins, Judge, presiding. ■ Inadequacy of price, in order to constitute a defense to a bill for specific performance, must be so gross and palpable as to amount to fraud. Coles v. Trecothick, 9 Ves. 246; Barell v. Damen, 2 Hare, 450; Lee v. Kirby, 104 Mass. 428; Burtch v. Hogge, Harr. Ch. 46; Conrad v. Schaub, 53 Wis. 374. Mere drunkenness will not release a party from his contracts. To have that effect the party must be so drunk as to have drowned reason, memory and judgment, and impaired his mental faculties to an extent that…
1Opinion of the CourtJustice Craig
This was a bill in equity, brought by Michael Doyle, in the circuit court of Cook county, against William J. Watson, to set aside and declare void, as a cloud upon his title, a certain written contract, under which Doyle agreed, upon the payment of a certain sum of money by Watson, to convey certain premises in Chicago to him. It is, in substance, alleged in the bill, that the contract was obtained by fraudulent representations; that at the time the contract was executed, complainant was under the influence of liquor, and incapable of understanding its meaning; that the price agreed to be…
2Cases cited2 opinions
- Lee v. KirbyMassachusetts Supreme Judicial Court · 1870
- McDonald v. CrandallIllinois Supreme Court · 1867
3Cited by14 opinions
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- Wilson v. Illinois Trust & Savings BankIllinois Supreme Court · 1897
- Hedrick v. DonovanIllinois Supreme Court · 1911
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