Legal Opinion

Goldstein v. Nathan

Illinois Supreme Court

Decided October 11, 1895PublishedCited by 10 opinions

Appeal from the Appellate Court for the First District;—heard iu that court on writ of error to the Circuit Court of Cook county; the Hon. Samuel P. McConnell, Judge, presiding. The appellant filed in the circuit court of Cook county his bill in chancery, to which a demurrer was sustained and the bill dismissed for want of equity in that court, which, on writ of error, was affirmed by the Appellate Court.

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Appeal from the Appellate Court for the First District;—heard iu that court on writ of error to the Circuit Court of Cook county; the Hon. Samuel P. McConnell, Judge, presiding. The appellant filed in the circuit court of Cook county his bill in chancery, to which a demurrer was sustained and the bill dismissed for want of equity in that court, which, on writ of error, was affirmed by the Appellate Court. The bill alleges that on the 11th day of June, 1890, and prior thereto, the complainant and the defendant were, respectively, owners of separate lots of land in the same subdivision in the…

1Opinion of the CourtJustice Phillips

Two questions are .presented and discussed as arising on this record: One, the indefiniteness of the agreement between the parties; and the other, the application of the Statute of Frauds to the facts in the bill stated. The latter proposition will be first considered.

Section 2, chapter 59, of our Statute of Frauds and Perjuries, (Starr & Curtis’ Stat. p. 1192,) provides: “No action shall be brought to charge any person upon any contract for the sale of lands, tenements or hereditaments, or any interest in or concerning them, for a longer term than one year, unless such contract, or some…

2Cases cited5 opinions

  1. Smith v. BurnhamU.S. Circuit Court for the District of Massachusetts · 1838
  2. Traphagen v. . BurtNew York Court of Appeals · 1876
  3. Speyer v. DesjardinsIllinois Supreme Court · 1892
  4. Black v. BlackSupreme Court of Georgia · 1854
  5. Vose v. StrongIllinois Supreme Court · 1893

3Cited by10 opinions

  1. Edgcomb v. CloughSupreme Court of Pennsylvania · 1922
  2. Pemiscot County Bank v. Central-State Nat. BankTennessee Supreme Court · 1915
  3. B and B Land Acquisition, Inc. v. MandellAppellate Court of Illinois · 1999
  4. Burgwyn v. JonesSupreme Court of Virginia · 1912
  5. White v. McNeilCourt of Appeals of Texas · 1927

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