Cohen v. Segal
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. W. F. Cooper, Judge, presiding. This is an appeal from the decree of the superior court of Cook county sustaining a demurrer to and dismissing for want of equity an amended bill filed by the appellants, Louis S. Cohen and Anna Krasa, praying for specific performance of a written contract for the exchange of lands,' entered into by them with the appellees, Joseph Segal and Rose Segal.
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Appeal from the Superior Court of Cook county; the Hon. W. F. Cooper, Judge, presiding. This is an appeal from the decree of the superior court of Cook county sustaining a demurrer to and dismissing for want of equity an amended bill filed by the appellants, Louis S. Cohen and Anna Krasa, praying for specific performance of a written contract for the exchange of lands,' entered into by them with the appellees, Joseph Segal and Rose Segal. It appears from said amended bill that on February 21, 1910, appellants, Louis S. Cohen and Anna Krasa, were the owners in fee of certain premises located…
1Opinion of the CourtJustice Hand
The first contention of the appellees in support of the judgment sustaining the demurrer to the bill filed herein is, that the bill shows that the appellants did not perform the provisions of the contract to be performed on their part and for that reason they were not entitled to maintain their bill. It is shown by the averments of the bill that the appellees refused to perform and that the appellants were anxious, ready and willing to perform at all times from the date of the contract to the date they filed their bill, and this, we think, constitutes a sufficient excuse for the failure of…
2Cases cited10 opinions
- Osgood v. SkinnerIllinois Supreme Court · 1904
- Lyman v. GedneyIllinois Supreme Court · 1885
- Gibson v. BrownIllinois Supreme Court · 1905
- Stiger v. BentIllinois Supreme Court · 1884
- Coryell v. KlehmIllinois Supreme Court · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Miller v. GordonIllinois Supreme Court · 1921
- Nolen v. Wortz Biscuit Co.Supreme Court of Arkansas · 1946
- Hayne v. FentonIllinois Supreme Court · 1926
- Oliver v. PollosMassachusetts Supreme Judicial Court · 1942
- Wagner v. McClayIllinois Supreme Court · 1923
9 more not listed; retrieve them via the Exa API.