Legal Opinion

Hartenbower v. Uden

Illinois Supreme Court

Decided December 22, 1909PublishedCited by 11 opinions

Appeal from the Circuit Court of LaSalle county; the Hon. Edgar Eldredge, Judge, presiding. William Patterson died intestate owning certain real estate in LaSalle county, and on October 16, 1908, his heirs executed the following writing: “This agreement, made and entered into this sixteenth day of October, A. D. 1908, by and between Sarah Trout and A. B. Trout, her husband, Elizabeth Marsh and Henry C. Marsh, her husband, T. H. Patterson and Ella Patterson, his wife, Jane…

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Appeal from the Circuit Court of LaSalle county; the Hon. Edgar Eldredge, Judge, presiding. William Patterson died intestate owning certain real estate in LaSalle county, and on October 16, 1908, his heirs executed the following writing: “This agreement, made and entered into this sixteenth day of October, A. D. 1908, by and between Sarah Trout and A. B. Trout, her husband, Elizabeth Marsh and Henry C. Marsh, her husband, T. H. Patterson and Ella Patterson, his wife, Jane Hurton and Ebenezer Hurton, her husband, Mary Gardner and Fred Gardner, her husband, John Pattersdn and Rose Patterson,…

1Opinion of the CourtJustice Dunn

The Statute of Frauds having been pleaded, it was necessary for the complainants to produce a contract, or some note or memorandum thereof in writing, signed by the defendants, or some other person thereunto by them lawfully authorized in writing signed by them. The authority of Benjamin A. Patterson Sufficiently appears from the writing of October 16, 1908. It was not, however, a contract of sale. The statute further requires that the contract entered into for the sale of the land, or some note or memorandum thereof, shall also be in writing. (Fletcher v. Underwood, 240 Ill. 554; Lasher v.…

2Cases cited4 opinions

  1. Kopp v. ReiterIllinois Supreme Court · 1893
  2. Doty v. WilderIllinois Supreme Court · 1854
  3. Oliver v. SattlerIllinois Supreme Court · 1908
  4. Fletcher v. UnderwoodIllinois Supreme Court · 1909

3Cited by11 opinions

  1. Mid-Town Petroleum, Inc. v. DineAppellate Court of Illinois · 1979
  2. Rhode v. GallatSupreme Court of Florida · 1915
  3. Stein v. McKinneyIllinois Supreme Court · 1924
  4. Gibson v. CrawfordCourt of Appeals of Kentucky (pre-1976) · 1932
  5. Taylor v. Scott, Foresman & Co.Appellate Court of Illinois · 1913

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