Bosseau v. O'Brien
U.S. Circuit Court for the Northern District of Illnois
In equity. This was a bill filed by Peter Bosseau for the specific performance of an alleged contract of sale made by the defendant [Cornelius O’Brien] with the complainant in August, 18G4, for the S. %, Sec. 25, 32 N.. R. 12 E., in Kankakee county.
1Opinion of the Court
DRUMMOND, District Judge.
The question is whether there was a contract of sale made at that time of such a character that the plaintiff is entitled to have the contract performed. The defendant was at that time the owner of the land. The bill sets forth that a contract was made, and the answer denies it, and insists upon the statute of frauds. The plaintiff seeks to make out the existence of the contract through a sale by James McGrew as the agent of the defendant, and the testimony consists mainly of the letters and correspondence between Mr. Mc-Grew and the defendant, and the deposition of…
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