Weatherford v. Cunningham
Illinois Supreme Court
This cause, by agreement of parties, is certified to the Supreme Court, to be reviewed on the following agreed case, to wit: Plaintiff contracted with one Lewis Massie, for sale and conveyance of 100 acres of land for $1,700. Before the execution of a deed to him, he sold one half of the land to defendant, at the same rate as above, who agreed to pay Massie $180 for choice of the halves of the land; and they, plaintiff, defendant and Massie, agreed that the plaintiff was to…
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This cause, by agreement of parties, is certified to the Supreme Court, to be reviewed on the following agreed case, to wit: Plaintiff contracted with one Lewis Massie, for sale and conveyance of 100 acres of land for $1,700. Before the execution of a deed to him, he sold one half of the land to defendant, at the same rate as above, who agreed to pay Massie $180 for choice of the halves of the land; and they, plaintiff, defendant and Massie, agreed that the plaintiff was to execute deeds to them respectively, and that the defendant was to pay the $180 to plaintiff. He executed a deed to the…
1Opinion of the CourtBreese, J.
The price of the land as agreed, was seventeen hundred dollars, of which Massie and Cunningham were to pay to Weatherford, equal portions, that is, eight hundred and fifty dollars each. To secure the choice in the division of the land, Cunningham agreed to pay Massie one hundred and eighty dollars, and by a subsequent agreement, to pay it to their common creditor, Weatherford. This sum of one hundred and eighty dollars, paid by Cunningham to Weatherford on Massie’s account, reduced Massie’s indebtedness to him to six hundred and seventy dollars, and increased Cunningham’s by the same amount;…
2Cited by7 opinions
- People ex rel. Scholes v. KeithleyIllinois Supreme Court · 1906
- Schroeder v. PrattUtah Supreme Court · 1900
- Flack v. WarnerIllinois Supreme Court · 1917
- Illman v. KruseIllinois Supreme Court · 1922
- Johnson v. HerdienAppellate Court of Illinois · 1910
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