Cumberledge v. Brooks
Illinois Supreme Court
Appeal from the Superior Court of Cook county: the 'Hon. W. M. McEwbn, Judge, presiding. The appellant filed his bill in the superior court of Cook county against appellees for the specific performance of an alleged contract for the sale of certain real estate. The ap-pellee Emmett Brooks is the son, and appellant’s wife, Gertrude Cumberledge, and Cora Brooks, are the daughters of William C. Brooks.
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Appeal from the Superior Court of Cook county: the 'Hon. W. M. McEwbn, Judge, presiding. The appellant filed his bill in the superior court of Cook county against appellees for the specific performance of an alleged contract for the sale of certain real estate. The ap-pellee Emmett Brooks is the son, and appellant’s wife, Gertrude Cumberledge, and Cora Brooks, are the daughters of William C. Brooks. In February, 1904, the three were the owners, as tenants in common, of five vacant lots in the city of Chicago, which were in four separate tracts in different parts of the city and had been…
1Opinion of the CourtJustice Dunn
It is claimed by appellees, and the superior court held, that the correspondence between Emmett Brooks and appellant did not so certainly and definitely describe the subject matter of the contract as to enable the court specifically to enforce it, for the reason that it is left uncertain whether five lots or seven were bargained for, and that extrinsic evidence is not admissible upon that question. It is true that a written contract- must speak for itself as to the terms, conditions and limitations of the agreement, but as to the parties and subject matter of a contract extrinsic evidence is…
2Cases cited8 opinions
- Hayes v. O'BrienIllinois Supreme Court · 1894
- Lyman v. GedneyIllinois Supreme Court · 1885
- Bowman v. WettigIllinois Supreme Court · 1866
- Colcord v. AlexanderIllinois Supreme Court · 1873
- Driver v. FordIllinois Supreme Court · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Franzen v. DonichyIllinois Supreme Court · 1956
- Anderson v. AndersonIllinois Supreme Court · 1911
- Miedema v. WormhoudtIllinois Supreme Court · 1919
- Higinbotham v. BlairIllinois Supreme Court · 1923
- Kilcoin v. OrtellIllinois Supreme Court · 1922
15 more not listed; retrieve them via the Exa API.