Werden v. Graham
Illinois Supreme Court
Appeal from the Appellate Court for the First District; —heard in that court on appeal from the Superior Court of Cook county; the Hon. John A. Jameson, Judge, presiding.
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Appeal from the Appellate Court for the First District; —heard in that court on appeal from the Superior Court of Cook county; the Hon. John A. Jameson, Judge, presiding. Appellants exhibited their bill in chancery against appellees, in the Superior Court of Cook county, on the 25th day of October, 1881, wherein they alleged that on the 25th day of November, 1865, they entered into an agreement, the substance of which is set out, and 'which is made an exhibit to the bill, as follows: “This indenture, made and entered into this 25th day of November, A. D. 1865, between Alvaro B. Graham, in the…
1Opinion of the CourtJustice Scholeield
A bare reference to the terms of this contract would seem to be enough to demonstrate that it is now impossible of specific performance, however desirable it otherwise might be to hold appellee Alvaro B. Graham to its terms. It was made on the 25th day of November, 1865, and obligated appellants to “manufacture for sale, and sell the same, if they can, fifty of said machines,” (the Champion Reaping and Mowing Machine,) “the coming season, ” (i. e., the season of 1866,) to “manufacture for the season of 1867, and each succeeding year, one hundred machines before mentioned. ” The duration of…
2Cases cited2 opinions
- Tobey v. County of BristolU.S. Circuit Court for the District of Massachusetts · 1845
- Doyle v. BaileyIllinois Supreme Court · 1874
3Cited by6 opinions
- Leitch v. Sanitary DistrictIllinois Supreme Court · 1944
- Ferrick v. BarryMassachusetts Supreme Judicial Court · 1946
- Martin v. South Bluefield Land Co.West Virginia Supreme Court · 1917
- Peru Wheel Co. v. Union Coal Co.Appellate Court of Illinois · 1938
- Richards v. Lake Shore & Michigan Southern Railway Co.Appellate Court of Illinois · 1887
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