Evans v. Gerry
Illinois Supreme Court
Appeal from the Circuit Court of Lake county; the Hon. C. W. Upton, Judge, presiding. This was a bill in chancery filed by appellant for the specific performance of a contract providing for the mutual exchange of certain properties in the city of Highland Park, between appellant and appellee.
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Appeal from the Circuit Court of Lake county; the Hon. C. W. Upton, Judge, presiding. This was a bill in chancery filed by appellant for the specific performance of a contract providing for the mutual exchange of certain properties in the city of Highland Park, between appellant and appellee. The contract over which the controversy arises is as follows: ‘ ‘Contract for conveyance made this first day of March, A. D. 1895, between Julia M. G-erry, party of the first part, and Robert G. Evans, party of the second part, both of the city of Highland Park, Lake county, Illinois: “First party agrees…
1Opinion of the CourtJustice Phillips
It is contended by appellant the facts presented by this record, and the law applicable thereto, are sufficient to authorize a decree in his favor, and that the decree in the circuit court dismissing his bill should be reversed. Specific performance is an equitable remedy, which compels the performance of a contract in the precise terms agreed upon, or such a substantial performance as will do justice between the parties under the circumstances of the case. Inflexible rules' cannot be laid down for the exercise of the power of a court of equity to grant specific performance of a contract.…
2Cases cited9 opinions
- Hurley v. BrownMassachusetts Supreme Judicial Court · 1868
- Lyman v. GedneyIllinois Supreme Court · 1885
- Jones v. NewhallMassachusetts Supreme Judicial Court · 1874
- Brady v. ColeIllinois Supreme Court · 1896
- Chambers v. LivermoreMichigan Supreme Court · 1867
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Martindell v. Lake Shore National BankIllinois Supreme Court · 1958
- In Re Estate of FrayserIllinois Supreme Court · 1948
- MacY v. Brown.Illinois Supreme Court · 1927
- Magnaflux Corporation v. FoersterDistrict Court, N.D. Illinois · 1963
- Higinbotham v. BlairIllinois Supreme Court · 1923
18 more not listed; retrieve them via the Exa API.