Legal Opinion

Henkleman v. Peterson

Illinois Supreme Court

Decided January 15, 1895PublishedCited by 10 opinions

Writ of Error to the Appellate Court for the First District; — heard in that court on appeal from the Superior Court of Cook county; the Hon. Philip Stein, Judge, presiding.

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Writ of Error to the Appellate Court for the First District; — heard in that court on appeal from the Superior Court of Cook county; the Hon. Philip Stein, Judge, presiding. On the 13th day of December, 1890, Henkleman, Jackson & Vocke recovered a judgment against the Brabrook Tailoring Company, a corporation, for the sum of §6640.08, Kinsey & Callinan recovered on the same date, against the same defendant, for the sum of §2795.23, and William R. Roe, at same date and against the same defendant, recovered a judgment for the sum of §8878.42. These judgments were recovered in the circuit court…

1Opinion of the Court

Phillips, J.:

The jurisdiction of a court of chancery to so correct mistakes in contracts and agreements as to make them express the actual intent of the parties is one of the ancient and well-established heads of the jurisdiction of that court. Where, through mistake or oversight in the execution of an agreement, a seal necessary to its validity is omitted therefrom, but the instrument purports, on its face, to be a sealed instrument, it will, ordinarily, itself furnish the evidence showing the oversight or mistake, and a court of chancery will correct it. (Town of Colchester v. Culver et al.…

2Cases cited15 opinions

  1. Bernards Township v. StebbinsSupreme Court of the United States · 1883
  2. Love v. Sierra Nevada Lake Water & Mining Co.California Supreme Court · 1867
  3. Wadsworth v. WendellNew York Court of Chancery · 1821
  4. Inhabitants of Montville v. HaughtonSupreme Court of Connecticut · 1829
  5. Town of Rutland v. PaigeSupreme Court of Vermont · 1852

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3Cited by10 opinions

  1. In re Marriage of RodriguezIllinois Supreme Court · 1989
  2. Keith v. HenklemanIllinois Supreme Court · 1898
  3. LE Myers Co. v. Harbor Insurance Co.Appellate Court of Illinois · 1978
  4. Ewen v. WilborAppellate Court of Illinois · 1901
  5. State ex rel. Gaver v. GaverCourt of Appeals of Maryland · 1911

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