Mallett v. Kaehler
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Lorin G. Collins, Judge, presiding. On the 1st day of February, T886, Emma Jenkins, with her husband, Thomas Jenkins, entered into a contract in writing with appellee for the sale of lots 3 and 4, in block 5, in Stewart’s subdivision, etc., except the right of way of “Vincennes road” across said lots.
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Appeal from the Circuit Court of Cook county; the Hon. Lorin G. Collins, Judge, presiding. On the 1st day of February, T886, Emma Jenkins, with her husband, Thomas Jenkins, entered into a contract in writing with appellee for the sale of lots 3 and 4, in block 5, in Stewart’s subdivision, etc., except the right of way of “Vincennes road” across said lots. The purchase price was to be $300, $45 being paid in cash, and the balance to be paid, $100 in one year, $100 in two years, and the balance, $55, in three years. For these deferred payments appellee was to give his notes, secured by a trust…
1Opinion of the CourtJustice Wilkin
There can be no serious contention that on the case made by appellee he was, as against Mrs. Jenkins, entitled to the decree rendered. He had complied with the contract of February 1, 1886, on his part, and none of the conditions named in it which were to excuse her from executing the deed were shown to exist. The important point in the ease, and the one relied upon to reverse the decree below, is, that appellants were innocent purchasers from Mrs. Jenkins, without notice of her previous contract with appellee. It appears from the evidence that at the time appellee made his contract, one…
2Cases cited2 opinions
- Whitaker v. MillerIllinois Supreme Court · 1876
- Redden v. MillerIllinois Supreme Court · 1880
3Cited by9 opinions
- Bryant v. Lakeside Galleries, Inc.Illinois Supreme Court · 1949
- Dennis v. Northern Pacific Railway Co.Washington Supreme Court · 1898
- Ludowese v. AmidonSupreme Court of Minnesota · 1914
- US Bank National Ass'n v. VillasenorAppellate Court of Illinois · 2012
- Miller v. BullingtonIllinois Supreme Court · 1942
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