Legal Opinion

National Elevator & Dock Co. v. Chicago, M. & N. R. R.

Appellate Court of Illinois

Decided June 20, 1893Published

Memorandum—Suit in chancery. In the Circuit Court of Cook County; the Hon. Oliver H. Horton, Judge, presiding. Bill for the specific performance of a contract; answer; decree of dismissal on final hearing for want of equity; appeal by complainants. Heard in this court at the March term, 1893, and reversed with directions.

1Opinion of the Court

Opinion of the Court,

Shepard, J.

This is an appeal from a decree, entered on a final hearing, dismissing for want of equity a bill filed by appellants against appellees, for the specific performance of the contract next below set forth, and for an injunction against appellees from refusing to deliver grain ordered to either of the elevators named in the contract.

The agreement, omitting the attestation clause and signatures, is as follows:

“ Agreement made this first day of October, A. D. 1891, between the Chicago, Madison and Rorthern Railroad Company, party of the first part, the Atchison,…

2Cases cited6 opinions

  1. Reed v. Insurance Co.Supreme Court of the United States · 1877
  2. Vincent v. Chicago & Alton RailroadIllinois Supreme Court · 1868
  3. Field v. LeiterIllinois Supreme Court · 1886
  4. Peckham v. HaddockIllinois Supreme Court · 1864
  5. Chicago & Northwestern Railway Co. v. StanbroIllinois Supreme Court · 1877

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