Farwell v. Lowther
Illinois Supreme Court
Tms was a suit in chancery commenced by John Y. Far-well, appellant, against Thomas D. Lowther, appellee by bill of complaint filed in the Cook Circuit Court, on the chancery side thereof, to enforce the specific performance of an alleged contract of sale of certain lots of land in the city of Chicago.
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Tms was a suit in chancery commenced by John Y. Far-well, appellant, against Thomas D. Lowther, appellee by bill of complaint filed in the Cook Circuit Court, on the chancery side thereof, to enforce the specific performance of an alleged contract of sale of certain lots of land in the city of Chicago. Said suit was tried before Manierbe, Judge, at October term of said court, A. D. 1856. The bill of complaint sets forth that in the month of September, A. D. 1855, said Lowther was, or pretended to be, the owner in fee simple of lots numbered seven and eight, in block numbered ten, in Fort…
1Opinion of the CourtScates, C. J.
Among other defenses, the defendant relies upon the statute of frauds.
Except so far as the application of the statute may vary them, the principles laid down in the cases of McConnell v. Brillhart, 17 Ill. R. 354, and Esmay v. Negus et al., 18 Ill. R. post, are applicable to and must govern the questions of like character in this case.
The position so strongly insisted on here, that the acceptance must be also in writing, else the obligation is not mutual, inasmuch as each party may not be able to enforce it specifically, was considered and disposed .of in that case. We do not regard the…
2Cited by16 opinions
- Ullsperger v. MeyerIllinois Supreme Court · 1905
- Fowler v. FowlerIllinois Supreme Court · 1903
- Gradle v. WarnerIllinois Supreme Court · 1892
- Estes v. FurlongIllinois Supreme Court · 1871
- Kopprasch v. SatterIllinois Supreme Court · 1928
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