Legal Opinion

Kuhn v. Eppstein

Illinois Supreme Court

Decided December 20, 1905PublishedCited by 17 opinions

Appeal from the Circuit Court of Champaign county; the Hon. Solon Philbricic, Judge, presiding. Appellant, Isaac Kuhn, filed his bill in the circuit court of Champaign county against the appellees, Samuel Eppstein, William D. Eppstein, the Trevett & Mattis Banking Company and John McDonell, for the specific performance of a contract.

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Appeal from the Circuit Court of Champaign county; the Hon. Solon Philbricic, Judge, presiding. Appellant, Isaac Kuhn, filed his bill in the circuit court of Champaign county against the appellees, Samuel Eppstein, William D. Eppstein, the Trevett & Mattis Banking Company and John McDonell, for the specific performance of a contract. The bill alleges that on June 7, 1904, Samuel Eppstein executed a certain contract in words and figures ^' “Champaign, Illinois, June 7, 1904. “I hereby acknowledge receipt of $500 as part payment on my building 41 Main street, which I sell and convey to Isaac…

1Opinion of the CourtJustice Wilkin

The only question raised upon the appeal is as to the ruling of the circuit court in sustaining the demurrer and dismissing the bill. The ground upon which the demurrer was sustained does not appear from the record, but from the briefs and arguments of counsel it is apparent that it was sustained upon the authority of Gage v. Cummings, 209 Ill. 120, and for the reason that the contract was lacking in mutuality, because William D. Eppstein was not a party to it.

In the Gage case the contract was between Henry H. Gage and Norman P. Cummings, while a part of the legal title was in Mary B. Gage.…

2Cases cited5 opinions

  1. Lancaster v. RobertsIllinois Supreme Court · 1893
  2. Mix v. BeachIllinois Supreme Court · 1867
  3. Gage v. CummingsIllinois Supreme Court · 1904
  4. Hunt v. SmithIllinois Supreme Court · 1891
  5. Coffin v. ArgoIllinois Supreme Court · 1890

3Cited by17 opinions

  1. Forman v. GadouasMassachusetts Supreme Judicial Court · 1924
  2. Morris v. . BasnightSupreme Court of North Carolina · 1920
  3. Mitchell v. WhiteIllinois Supreme Court · 1920
  4. Lundberg v. GageIllinois Supreme Court · 1961
  5. Espadron v. DavisIllinois Supreme Court · 1944

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