Legal Opinion

Biskupski v. Jaroszewski

Illinois Supreme Court

Decided November 20, 1947No. 29891. Reversed and remandedPublishedCited by 12 opinions

1Opinion of the CourtJustice Gunn

This action was a suit in chancery in the superior court of Cook County for the reformation of a written contract for the sale of real estate, and, when thus reformed, for the specific performance thereof. It resulted in a decree reforming the contract and for specific performance.

The ground alleged for the reformation of the contract was that an error was made by the scrivener in reducing the agreement between the parties to writing. Inasmuch as there must be a mutual mistake of fact to justify reformation of a contract, (Mansell v. Lord Lumber and Fuel Co. 348 Ill. 140,) the specific…

2Cases cited8 opinions

  1. Spies v. DemayoIllinois Supreme Court · 1947
  2. Christ v. RakeIllinois Supreme Court · 1919
  3. Tope v. TopeIllinois Supreme Court · 1938
  4. Pearce v. OstermanIllinois Supreme Court · 1931
  5. Goltra v. SanasackIllinois Supreme Court · 1870

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3Cited by12 opinions

  1. Wright v. BremNew Mexico Court of Appeals · 1970
  2. Blumenfeld v. NeumanAppellate Court of Illinois · 1953
  3. Hyman-Michaels Co. v. Massachusetts Bonding & InsuranceAppellate Court of Illinois · 1955
  4. Sedlacek v. SedlacekAppellate Court of Illinois · 1969
  5. Michigan Mutual Liability Co. v. Type & Press Co. of Illinois, Inc.Appellate Court of Illinois · 1965

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