Bostwick v. Hess
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. S. M. Moore, Judge, presiding. This was a bill in equity, to enforce a conveyance of a certain eighty acres of land, lying just south of the city of Chicago, founded upon an agreement in writing, of which the following is a copy: “Articles of agreement made and entered into this fifth day of June, A. D. 1855, by and between David Hess, of ¡Naperville, in the county of DuPage, and State of Illinois, of the first part,…
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Appeal from the Superior Court of Cook county; the Hon. S. M. Moore, Judge, presiding. This was a bill in equity, to enforce a conveyance of a certain eighty acres of land, lying just south of the city of Chicago, founded upon an agreement in writing, of which the following is a copy: “Articles of agreement made and entered into this fifth day of June, A. D. 1855, by and between David Hess, of ¡Naperville, in the county of DuPage, and State of Illinois, of the first part, and John Bostwick, of the city of Alton, in the State aforesaid, of the second part, as follows, viz: The said first…
1Opinion of the CourtJustice Sheldon
We are unable to see that Bostwick or his heirs ever had any interest, legal or equitable, in this land. The agreement of June 5th, 1855, of itself, certainly gave no such interest. It gives merely what it purports on its face, “ the right, option and refusal to purchase, at any time within the period of four months.” The §500 paid was no part of the purchase price of the land. It was given for the right to purchase at any time within four months, at a named purchase price.
But the position is taken, on behalf of appellants, that Bostwick’s entry upon the premises, and making the improvements…
2Cases cited2 opinions
- Warren v. RichmondIllinois Supreme Court · 1869
- Kemp v. HumphreysIllinois Supreme Court · 1852
3Cited by17 opinions
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- Milwaukee Mechanics' Ins. v. B. S. Rhea & SonCourt of Appeals for the Sixth Circuit · 1903
- Threlkeld v. InglettIllinois Supreme Court · 1919
- Patterson v. Farmington Street Railway Co.Supreme Court of Connecticut · 1904
- Thacher v. WestonMassachusetts Supreme Judicial Court · 1908
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