Hoops v. Fitzgerald
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Edmund W. Burke, Judge, presiding. The following statement of the facts in this case is made by the Appellate Court as a preface to its opinion: “This is an appeal from a decree of the circuit court canceling a certain lease upon terms and conditions stated in the decree.
Read the full summary
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Edmund W. Burke, Judge, presiding. The following statement of the facts in this case is made by the Appellate Court as a preface to its opinion: “This is an appeal from a decree of the circuit court canceling a certain lease upon terms and conditions stated in the decree. “The testimony taken in the case and embraced in the record here presented is very voluminous. From the report of the master to whom the cause was referred it appears that November…
1Per curiam
The opinion of the Appellate Court, affirming the decree of the circuit court, is as follows:
“A court of equity will give appropriate affirmative or defensive relief, as may be required by the circumstances, from the consequences of any mistake of fact which is a material element of the transaction concerning which relief is sought, and which mistake is not the result of the mistaken party’s own violation of some legal duty, provided' that no adequate remedy can be had at law.
“A mistake is always a mental condition or conception. This may be either active or passive. When active, the mental…
2Cases cited5 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Neblett v. MacFarlandSupreme Court of the United States · 1876
- Hurd v. HallWisconsin Supreme Court · 1860
- Schnadt v. DavisIllinois Supreme Court · 1900
- Ewing v. Sandoval Coal & Mining Co.Illinois Supreme Court · 1884
3Cited by23 opinions
- Rakowski v. LucenteIllinois Supreme Court · 1984
- Harley v. Magnolia Petroleum Co.Illinois Supreme Court · 1941
- Allstate Insurance v. National Tea Co.Appellate Court of Illinois · 1975
- Hakala v. Illinois Dodge City Corp.Appellate Court of Illinois · 1978
- Praxair, Inc. v. Hinshaw & CulbertsonCourt of Appeals for the Seventh Circuit · 2000
18 more not listed; retrieve them via the Exa API.