Herrington v. Hubbard
Illinois Supreme Court
This cause was tried before the Hon. Thomas Ford, at the May term, 1836, of the Cook Circuit Court, on the chancery side thereof.
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This cause was tried before the Hon. Thomas Ford, at the May term, 1836, of the Cook Circuit Court, on the chancery side thereof. The facts in the case, as disclosed by the pleadings, show, that sometime in February, 1835, the complainant, Hubbard, entered into an agreement with Herrington, the defendant, for the purchase of a tract of land containing fifty acres, upon the following terms; to wit: “Five hundred dollars to be paid by the said Hubbard to the said Herrington on the delivery of the deed of the same, on or before the first day of April next; Thirteen hundred and seventy-five…
1Opinion of the CourtSmith, Justice
Hubbard filed his bill against Herrington in the Cook Circuit Court, to compel the specific performance of a written contract to convey fifty acres of land, for the consideration of @3,750, payable by instalments, at different periods of time. It is deemed unimportant to the decision of the cause, to state with precision the terms of the contract, or the facts attendant on the first payment, and the subsequent overture and negotiations between the parties, to carry out the objects of the agreement, as they appear from the evidence, because it is supposed that there are three highly important…
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