Bucklen. v. Hasterlik
Illinois Supreme Court
Appeal from the Appellate Court for the First District ;■—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Oliver H. Horton, Judge, presiding. The subject matter of this case brings before this court for review a decree of the circuit court of Cook county, which was, on appeal, affirmed by the Appellate Court for the First District.
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Appeal from the Appellate Court for the First District ;■—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Oliver H. Horton, Judge, presiding. The subject matter of this case brings before this court for review a decree of the circuit court of Cook county, which was, on appeal, affirmed by the Appellate Court for the First District. The facts, as shown by the record, are, that on the 27th of April, 1891, appellant and appellee entered into a contract, a copy of which is as follows : “This memorandum witnesseth, that Charles Hasterlik hereby agrees to sell, and…
1Opinion of the CourtJustice Phillips
It is urged by appellant that no decree granting relief should have been rendered on the bill in this case, for the reason that it is the enforcement of a forfeiture in a court of equity. It is true that a court of equity will never, by its affirmative action or by the affirmative provisions of its decree, enforce a penalty or forfeiture, but will always leave the party entitled thereto to prosecute his claim in a court of law, according to legal rules. Compensation, and not forfeiture, is the doctrine of equity. While courts of equity, not less than courts of law, recognize the right of…
2Cases cited7 opinions
- Horsburg v. BakerSupreme Court of the United States · 1828
- Lyman v. GedneyIllinois Supreme Court · 1885
- Marshall v. VicksburgSupreme Court of the United States · 1873
- Webster v. FrenchIllinois Supreme Court · 1849
- Illinois Central Railroad v. JohnsonIllinois Supreme Court · 1864
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3Cited by6 opinions
- Tarr v. StearmanIllinois Supreme Court · 1914
- Summers v. HedenbergAppellate Court of Illinois · 1916
- Hudson v. WebberSupreme Judicial Court of Maine · 1908
- Yost v. WillsWest Virginia Supreme Court · 1920
- Altschul v. CaseyOregon Supreme Court · 1904
1 more not listed; retrieve them via the Exa API.