Smith v. Treat
Illinois Supreme Court
Appeal from the Appellate Court for the First District ;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Ben M. Smith, Judge, presiding. This is an action in assumpsit brought by the appellee, against the appellant, in the superior court of Cook county.
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Appeal from the Appellate Court for the First District ;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Ben M. Smith, Judge, presiding. This is an action in assumpsit brought by the appellee, against the appellant, in the superior court of Cook county. The appellee on April 20, 1890, purchased from appellant twenty lots in the city of Chicago and twenty contracts were entered into by the parties evidencing the purchases, and of these five are involved in this case. The contracts, which are identical except in the descriptions of the lots, are as follows:…
1Opinion of the CourtJustice Vickers
The theory upon which appellee seeks to recover payments made under these contracts is, that there was, in effect, a rescission of the contracts by the conduct of the parties. Appellee insists that appellant had waived his right to cjeclare a forfeiture of the contracts because payments were not promptly made. The facts relied upon to establish such waiver consist of numerous letters written by appellant’s agent (Collins) to appellee requesting and urging payments long after appellee had made her last payment and after all of the installments under the contract were due, and the acceptance by…
2Cases cited4 opinions
- Monson v. BragdonIllinois Supreme Court · 1895
- Baston v. CliffordIllinois Supreme Court · 1873
- Moerschbaecher v. Supreme Council of the Royal LeagueIllinois Supreme Court · 1900
- Sun Mutual Insurance v. Saginaw Barrel Co.Illinois Supreme Court · 1885
3Cited by12 opinions
- Forest Preserve Real Estate Improvement Corp. v. MillerIllinois Supreme Court · 1942
- Lang v. ParksIllinois Supreme Court · 1960
- Sullivan v. BurcawIdaho Supreme Court · 1922
- Aden v. AlwardtAppellate Court of Illinois · 1979
- Hockenbury v. LorentzAppellate Court of Illinois · 1976
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