Esmay v. Gorton
Illinois Supreme Court
Tuis is a bill in chancery, brought by 0-orton and Negtis, complainants, against Esmay; defendant, to compel the specific performance of a contract between said parties, for the sale of several quarter sections of hand in Henry county.
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Tuis is a bill in chancery, brought by 0-orton and Negtis, complainants, against Esmay; defendant, to compel the specific performance of a contract between said parties, for the sale of several quarter sections of hand in Henry county. The bill charges that Esmay, who resided ~n the city of Albany, in the State of New York, on the frst day of May, A. D. 1854, was seized, in fee, of ten quarter sections of land in Henry county, and that, on or about that date, be agreed to sell the ~same to complainants. This agreement, on fhe part of Esmay, the bill charges, is evidenced by certain written…
1Opinion of the CourtScates, C. J.
The statute of frauds not being pleaded or set up in the answer, no question arises upon the admission of parol evidence, in establishing the contract. Kinsie v. Penrose, 2 Scam. R. 520; Dyer. v. Martin, et al., 4 ibid. 146; Tarleton v. Vietes, 1 Gilm. R. 470; Switzer et al. v. Skiles et al., 3 ibid. 529.
The purchase and the terms of sale are very distinctly proven. The defendants, in all things, as far as they could, have complied with the terms, by paying the taxes to Osborn, and tendering to him, for plaintiff, the first payment, amounting to $1,250'; and this has been maintained by a…
2Cited by24 opinions
- Ullsperger v. MeyerIllinois Supreme Court · 1905
- Susmano v. ASSOC. INTERNISTS OF CHICAGOAppellate Court of Illinois · 1981
- Walker v. LovittIllinois Supreme Court · 1911
- Ebert v. ArendsIllinois Supreme Court · 1901
- Gordon v. DarnellSupreme Court of Colorado · 1880
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