Cortelyou v. Barnsdall
Illinois Supreme Court
Appear from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Crawford county, the Hon. E. E. Newrin, Judge, presiding.
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Appear from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Crawford county, the Hon. E. E. Newrin, Judge, presiding. The appellees, Allen Cortelyou and Ella A. Cortelyou, his wife, filed in the circuit court of Crawford county their bill in chancery for the cancellation of the following instrument, called in the bill an oil and gas lease: “Agreement of lease, made this 8th day of July, A. D. 1905, between Allen Cortelyou and Ella A., his wife, of Robinson, Ill., lessor, and W. W. Seybert, of McKee’s Rocks, Pa., lessee, witnesseth: “That…
1Opinion of the CourtJustice Scott
After appellees notified Seybert that they had elected to revoke the option given by the lease, the appellants, as averred by their answers and shown by the proof, within twelve months from the date of the lease made tender of the twenty-five cents per acre therein specified, for extending the time for the completion of the contract. This was unavailing, if, as contended by appellees, the contract was without mutuality.
Of the questions which are open for our consideration the initial one is, was Seybert in fact bound to do anything whatever under the option agreement? If not, as he had not…
2Cases cited3 opinions
- Bruner v. HicksIllinois Supreme Court · 1907
- Bauer v. Lumaghi Coal Co.Illinois Supreme Court · 1904
- McCauley v. CoeIllinois Supreme Court · 1894
3Cited by7 opinions
- Brunson v. Carter Oil Co.District Court, E.D. Oklahoma · 1919
- Gloyd v. Midwest Refining Co.Court of Appeals for the Tenth Circuit · 1933
- Miller v. MoffatAppellate Court of Illinois · 1910
- Davis v. Nokomis Quarry, Inc.Appellate Court of Illinois · 1979
- Carter Oil Co. v. OwenDistrict Court, E.D. Illinois · 1939
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