Towner v. Tickner
Illinois Supreme Court
Appeal from the Circuit Court of Kane county; the Hon. C. W. Upton, Judge, presiding. The bill in this ease was brought by Robert S. Tickner and John L. Tickner, against Ithiel C. Towner and S. P. Richards, in the City Court of Elgin. Afterwards, the venue was changed to the circuit court, of Kane county, where the cause was tried, and a decree rendered against defendants, to reverse which they have brought the ease to this court on their appeal.
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Appeal from the Circuit Court of Kane county; the Hon. C. W. Upton, Judge, presiding. The bill in this ease was brought by Robert S. Tickner and John L. Tickner, against Ithiel C. Towner and S. P. Richards, in the City Court of Elgin. Afterwards, the venue was changed to the circuit court, of Kane county, where the cause was tried, and a decree rendered against defendants, to reverse which they have brought the ease to this court on their appeal. The facts of the case sufficiently appear in the opinion of the court.
1Opinion of the CourtJustice Scott
The written contract between the parties which complainants seek to have specifically performed, is set forth in the bill, from which it appears complainants sold to defendants certain real property described definitely as being in the city of Elgin, on which there was a planing mill, and certain machinery particularly described in the agreement, and also the right to use for manufacturing purposes a certain quantity of water running in the Fox river, at and for a certain price to be paid by defendants. As part payment defendants were, by the terms of the agreement, to assume and pay a…
2Cases cited1 opinion
- D'Wolf v. PrattIllinois Supreme Court · 1866
3Cited by7 opinions
- McCourt v. JohnsOregon Supreme Court · 1898
- Binder v. HejhalIllinois Supreme Court · 1931
- May v. NymanAppellate Court of Illinois · 1972
- Brelie v. KlafterIllinois Supreme Court · 1931
- Brya v. ThomasAppellate Court of Illinois · 1914
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