Eppstein v. Kuhn
Illinois Supreme Court
Appeal from the Circuit Court of Champaign county; the Hon. Solon Philbrick, Judge, presiding. Appellant Samuel Eppstein was, and had been for several years prior to June 7, 1904, the owner of premises in the city of Champaign, Illinois, known as No. 41 Main street. The legal title was in his son, William D. Eppstein, but there is no dispute that the premises really belonged to his father.
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Appeal from the Circuit Court of Champaign county; the Hon. Solon Philbrick, Judge, presiding. Appellant Samuel Eppstein was, and had been for several years prior to June 7, 1904, the owner of premises in the city of Champaign, Illinois, known as No. 41 Main street. The legal title was in his son, William D. Eppstein, but there is no dispute that the premises really belonged to his father. Isaac Kuhn, appellee, and his father, owned a building and premises but a few feet distant from Eppstein’s, in which they were, and had been for years prior to June 7, 1904, conducting a clothing store. On…
1Opinion of the CourtJustice Farmer
Appellants’ contention is, that the defect in the title on account of the occupancy of the premises by McDonnell was not a substantial and material one; that appellee knew McDonnell was in the possession of the premises when the contract was made, and that as appellants offered to perform the contract so far as they were able to, and convey all the title they had to the premises, a decree for a specific performance could amount to nothing more than they had offered to do, and that in such cases it is not the province of a court of equity to award specific performance and abate from the…
2Cases cited4 opinions
- Weber v. PowersIllinois Supreme Court · 1904
- Lombard v. Chicago Sinai CongregationIllinois Supreme Court · 1872
- Goldsborough v. GableIllinois Supreme Court · 1892
- Snyder v. SpauldingIllinois Supreme Court · 1870
3Cited by35 opinions
- Fries v. Acme White Lead & Color WorksSupreme Court of Alabama · 1918
- Walter Robert Stewart and Margaret Kester Stewart v. Joseph L. Meyers and Helen Margaret MeyersCourt of Appeals for the Seventh Circuit · 1965
- Bellows v. ZivAppellate Court of Illinois · 1962
- Bismarck Hotel Co. v. SutherlandAppellate Court of Illinois · 1980
- Cottrell v. GersonAppellate Court of Illinois · 1938
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