Kimball v. Tooke

On the 27th of February, 1869, the complainant, Kimball, sold to the defendant, Tooke, a tract of land in Cook county for $30,000, of which the sum of $100 was paid at the execution of the contract, and the further sum of $5000, including the $100, was to be paid on or before the 15th of March. The contract required the remaining payments to be made, $5000 on the 1st of September, 1869, and $20,000 in two equal annual instalments. It contained clauses of forfeiture in case of non-payment.

This bill was filed by Kimball to have the contract rescinded, on the ground that the payment to be made…