Crandall v. Willig
Illinois Supreme Court
Appeal from -the Circuit Court of Cook county; the Hon. O. H. Horton, Judge, presiding. Appellant, Crandall, as assignee of the contract set out below, filed this bill in the circuit court of Cook county, against Carl H. Willig, Antonie Willig and DeLaMoine Wickersham, for the specific performance thereof.
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Appeal from -the Circuit Court of Cook county; the Hon. O. H. Horton, Judge, presiding. Appellant, Crandall, as assignee of the contract set out below, filed this bill in the circuit court of Cook county, against Carl H. Willig, Antonie Willig and DeLaMoine Wickersham, for the specific performance thereof. The contract sought to be enforced is as follows: “We, Carl H. Willig and Antonie Willig, his wife, of the city"of Chicago, township of Jefferson, for and in consideration of the sum of one dollar and other valuable consideration to us in hand paid by De LaMoine Wicker-sham, of Chicago, do…
1Opinion of the CourtJustice Carter
It seems clear to us that appellant has no case. It rests in the sound legal discretion of the court whether it will or not compel the specific performance of a contract. True, that discretion must be exercised according to the settled principles of equity, and not arbitrarily. (Allen v. Woodruff, 96 Ill. 11.) But to entitle the complainant to a decree the contract must be founded on a sufficient consideration, and must be reasonable, fair and just. Relief will not be granted unless it will subserve the ends of justice. (Chicago, Burlington and Quincy Railroad Co. v. Reno, 113 Ill. 39.) And…
2Cases cited4 opinions
- Estes v. FurlongIllinois Supreme Court · 1871
- Allen v. WoodruffIllinois Supreme Court · 1880
- Chicago, Burlington & Quincy Railroad v. RenoIllinois Supreme Court · 1885
- Mix v. BalducIllinois Supreme Court · 1875
3Cited by19 opinions
- Poe v. UlreyIllinois Supreme Court · 1908
- Lake Shore Country Club v. BrandIllinois Supreme Court · 1930
- Martindell v. Fiduciary Counsel, Inc.Supreme Court of New Jersey · 1943
- Corbett v. CronkhiteIllinois Supreme Court · 1909
- Kay v. SpencerWyoming Supreme Court · 1923
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