Skinner v. Osgood
Appellate Court of Illinois
Assumpsit, on a contract in writing. Trial in the Circuit Court of Cook County; the Hon. Edmund W. Burke, Judge, presiding. Finding and judgment for defendant; appeal by plaintiff.
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Assumpsit, on a contract in writing. Trial in the Circuit Court of Cook County; the Hon. Edmund W. Burke, Judge, presiding. Finding and judgment for defendant; appeal by plaintiff. Statement.—A contract with appellants was entered into by appellee which is in the following terms: “ Memorandum of agreement made this 28th day of Julv 1890, by and between Emerson & Skinner, Dunfermline, 111., and J. 0. Osgood, acting on behalf of the Whitebreast Fuel Co. Emerson & Skinner agree to sell and convey to J. C. Osgood or his assigns, the following property: The Liverpool Railway Co., the mine and all…
1Opinion of the Court
Mr. Presiding Justice Sears
delivered the opinion of the court.
But two questions need be considered upon this appeal, viz: first, whether this contract comes within the prohibition of Sec. 130 of the Criminal Code, as a gambling contract, and second, whether the error in the notice of election to sell the stock according to the provisions of the contract will bar a recovery.
In the determination of the first question indicated, we regard the recent decision of the Supreme Court in Wolf v. Nat. Bank, 178 Ill. 85, as controlling. In that case, which was merely a contract of purchase, with…
2Cases cited4 opinions
- Lyman v. GedneyIllinois Supreme Court · 1885
- Wolf v. National BankIllinois Supreme Court · 1899
- Mercantile Insurance Co. v. JaynesIllinois Supreme Court · 1877
- Holmes v. ParkerAppellate Court of Illinois · 1888
3Cited by1 opinion
- Bensinger v. KantzlerAppellate Court of Illinois · 1904