Legal Opinion

Daven v. Downey

Illinois Supreme Court

Decided November 24, 1941No. 26417. Reversed and remandedPublishedCited by 16 opinions

1Opinion of the CourtJustice Smith

This is a suit brought by appellants, James Daven and Mary A. Daven, his wife, against appellees, Leo J. Downey and Ann Downey, his wife. The purpose of the suit was to enforce the performance of an alleged contract in which it is claimed that appellee Leo J. Downey agreed to re-convey to appellants 320 acres of land located in Lee county, Illinois. The court below entered a decree dismissing the complaint for want of equity.

Appellants rely upon a written contract, or memorandum, which they claim was executed by appellee Leo J. Downey on October 24, 1936. Appellees claim that no such contract…

2Cases cited3 opinions

  1. Gillespie v. Fulton Oil & Gas Co.Illinois Supreme Court · 1908
  2. Neil v. KennedyIllinois Supreme Court · 1925
  3. Durbin v. Carter Oil Co.Illinois Supreme Court · 1941

3Cited by16 opinions

  1. John Kubinski & Sons, Inc. v. Dockside Development Corp.Appellate Court of Illinois · 1975
  2. In Re AustinAppellate Court of Illinois · 1978
  3. Stephenson v. KulichekIllinois Supreme Court · 1951
  4. Goldblatt Bros., Inc. v. Addison Green Meadows, Inc.Appellate Court of Illinois · 1972
  5. Quality Molding Company, a Corporation v. American National Fire Insurance CompanyCourt of Appeals for the Seventh Circuit · 1961

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