Dougherty v. Catlett
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Vermilion county; the Hon. C. B. Smith, Judge, presiding. This was a suit in assumpsit, brought by John H. Dougherty against Herald Catlett, to recover the consideration of a certain oral contract for the sale and surrender by the plaintiff to the defendant of an equitable interest in certain lands.
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Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Vermilion county; the Hon. C. B. Smith, Judge, presiding. This was a suit in assumpsit, brought by John H. Dougherty against Herald Catlett, to recover the consideration of a certain oral contract for the sale and surrender by the plaintiff to the defendant of an equitable interest in certain lands. The declaration, which consisted of only one count, was as follows: “For that whereas, the said plaintiff and the said defendant, on, to-wit, the first day of November, 1878, made and…
1Opinion of the CourtJustice Bailey
The only questions presented by this appeal are those arising upon the plea of the Statute of Frauds. It appears from the declaration that, prior to the date of the contract upon which the suit is brought, the plaintiff and defendant entered into an agreement in writing, by which the defendant, in consideration of a certain sum of money then paid to him by the plaintiff, and of certain other payments thereafter to be made, agreed to convey to the plaintiff certain lands in Vermilion county; that the plaintiff thereupon entered into possession of said lands; that while so in possession he sold…
2Cases cited5 opinions
- Dial v. CrainTexas Supreme Court · 1853
- Jevne & Almini v. OsgoodIllinois Supreme Court · 1870
- Warner v. HaleIllinois Supreme Court · 1872
- Hughes v. MooreSupreme Court of the United States · 1812
- Catlett v. DoughertyAppellate Court of Illinois · 1886
3Cited by13 opinions
- Hamilton v. ThirstonCourt of Appeals of Maryland · 1901
- Friar v. BaldridgeSupreme Court of Arkansas · 1909
- Chicago Attachment Co. v. Davis Sewing Machine Co.Illinois Supreme Court · 1892
- Elsberry v. SextonSupreme Court of Florida · 1911
- Sterenberg v. BeachAppellate Court of Illinois · 1920
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