McConnell v. Brillhart
Illinois Supreme Court
This was a bill filed in the Circuit Court of Stephenson county, in August, 1853, by Jacob S. Brillhart, complainant, against Joseph A. McConnell, to compel a specific performance.
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This was a bill filed in the Circuit Court of Stephenson county, in August, 1853, by Jacob S. Brillhart, complainant, against Joseph A. McConnell, to compel a specific performance. The bill sets forth that on the 1st day of July, A. D. 1853, one Robert McConnell, in consideration of the written undertaking of said Brillhart to pay him, the said Robert, and the said Joseph A., the sum of one thousand dollars by the 1st day of August, 1853, for the N. E. quarter of Section 25, and the S. E. quarter of Sec. 25 T. 26 N., R. 7 E., 4th principal meridian, in the State of Illinois, the said S. E.…
1Opinion of the Court
Scates, 0. J.
The leading principle that governs the case is one requiring contracts, or notes of memorandums of the contract to be in writing, and signed by the party to be charged therewith, or by some one by him thereunto lawfully authorized, under our statute of frauds and perjuries, which is a copy of the English statute.
Cases have been excepted out of the statute, where parol contracts have been in part performed by payments, possession and improvements, but I do not propose to examine or discuss this class.
Of cases within the statute, courts have been called upon to discuss every clause…
2Cited by32 opinions
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- Western Metals Co v. Hartman Ingot Metal Co.Illinois Supreme Court · 1922
- Delaware Insurance v. Pennsylvania Fire InsuranceSupreme Court of Georgia · 1906
- Kopp v. ReiterIllinois Supreme Court · 1893
- B. F. Bonewell & Co. v. JacobsonSupreme Court of Iowa · 1906
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