Graham v. Holloway
Illinois Supreme Court
Appeal from the Circuit Court of Warren county; the Hon. Charles B. Lawrence, Judge, presiding. This was a suit in chancery, instituted in the court below, by Bobert Holloway against Archibald T. Graham, David Graham, Henry M. Boggess and Bobert iVIoir. The object of the bill is to enjoin the collection of a judgment recovered by the Grahams against Holloway and Boggess, and to procure its cancellation.
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Appeal from the Circuit Court of Warren county; the Hon. Charles B. Lawrence, Judge, presiding. This was a suit in chancery, instituted in the court below, by Bobert Holloway against Archibald T. Graham, David Graham, Henry M. Boggess and Bobert iVIoir. The object of the bill is to enjoin the collection of a judgment recovered by the Grahams against Holloway and Boggess, and to procure its cancellation. The facts, so far as they are material to a proper understanding of the opinion of the court, are as follows : On the 9th day of April, 1857, Perry Alexander, being the owner of a certain…
1Opinion of the CourtChief Justice Walker
Appellants insist upon a reversal in this case on several grounds, but, after the most careful examination of the facts in the case, and after an attentive consideration of the elaborate arguments and petition for a rehearing, we are unable to see but one question requiring consideration. The whole controversy turns upon the question whether the agreement for the sale of the land by appellee and Boggess to appellants had been fully terminated for all purposes when the land was sold by the master under the Alexander decree.
As a general rule, a breach of contract by one party absolves the other…
2Cited by8 opinions
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- First National Bank v. WatsonIllinois Supreme Court · 1917
- Stromberg v. Western Telephone Construction Co.Appellate Court of Illinois · 1900
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