Legal Opinion

Forthman v. Deters

Illinois Supreme Court

Decided December 16, 1903PublishedCited by 52 opinions

Appeal from the Circuit Court of Jasper county; the Hón. William: M. Farmer, Judge, presiding. This is a bill, filed on August 14, 1902, in the circuit court of Jasper county by appellee, Deters, against Reka Huckstead, Ferdinand Huckstead, Anna Bartels and appellant, Theodore Forthman, for the specific performance of a contract, made by Reka and Ferdinand Huckstead with the appellee to convey to the latter eighty acres of land, to-wit, the west half of the south-east…

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Appeal from the Circuit Court of Jasper county; the Hón. William: M. Farmer, Judge, presiding. This is a bill, filed on August 14, 1902, in the circuit court of Jasper county by appellee, Deters, against Reka Huckstead, Ferdinand Huckstead, Anna Bartels and appellant, Theodore Forthman, for the specific performance of a contract, made by Reka and Ferdinand Huckstead with the appellee to convey to the latter eighty acres of land, to-wit, the west half of the south-east quarter of section 8, township 7 north range 8 east in said county. The bill not only prayed for a conveyance of said lands…

1Opinion of the CourtJustice Magruder

First—The first reason, urged by the appellant for the reversal of the decree of the trial court, is that the contract was not signed by appellee, Deters, and, therefore, is not such a contract as a court of equity will specifically enforce. It is true, that the contract was signed only by Reka and Ferdinand Huckstead, the vendors, and was not signed by appellee, Deters, the vendee. But the evidence shows clearly that, after the execution of the contract-by Reka and Ferdinand Huckstead, it was delivered by them to appellee, and appellee accepted the contract, and on Maj^ 10, 1902, recorded…

2Cases cited11 opinions

  1. Guyer v. WarrenIllinois Supreme Court · 1898
  2. Plumb v. CampbellIllinois Supreme Court · 1888
  3. Memory v. NiepertIllinois Supreme Court · 1890
  4. Bryant v. BoozeSupreme Court of Georgia · 1875
  5. Lowber v. ConnitWisconsin Supreme Court · 1874

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3Cited by52 opinions

  1. Kolachny v. GalbreathSupreme Court of Oklahoma · 1910
  2. Welsh v. JakstasIllinois Supreme Court · 1948
  3. Alexander v. Mobile Auto Co.Supreme Court of Alabama · 1917
  4. Bryant v. Lakeside Galleries, Inc.Illinois Supreme Court · 1949
  5. Larmon v. LarmonCourt of Appeals of Kentucky · 1917

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