Koch v. Streuter
Illinois Supreme Court
Appeal from the Circuit Court of Morgan county; the Hon. O. P. Thompson, Judge, presiding. This is a bill, filed by the appellant against the appellee to reform a contract for the sale or exchange of certain lands, and for a specific performance of the contract when so reformed. The appellee here, defendant below, demurred to the bill. The demurrer was sustained, and the appellant, complainant below, elected to stand by his bill.
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Appeal from the Circuit Court of Morgan county; the Hon. O. P. Thompson, Judge, presiding. This is a bill, filed by the appellant against the appellee to reform a contract for the sale or exchange of certain lands, and for a specific performance of the contract when so reformed. The appellee here, defendant below, demurred to the bill. The demurrer was sustained, and the appellant, complainant below, elected to stand by his bill. Thereupon a decree or order was entered dismissing the bill. The present appeal is prosecuted from such order or decree of dismissal. The bill alleges that the…
1Opinion of the CourtJustice Magruder
The only question in this case is, whether the court below properly sustained the demurrer to the bill. The appellee urges three reasons why the bill was demurrable; first, that no specific performance would lie, because the contract provided for liquidated damages in case of failure of either party to perform his part of said contract; and this was the only remedy appellant was entitled to; second, that the appellant was not entitled to have the contract reformed as to the kind of abstract, that was to be furnished as to the 2.87 acres lying south of the Illinois river; and third, that the…
2Cases cited9 opinions
- Hayes v. O'BrienIllinois Supreme Court · 1894
- Lyman v. GedneyIllinois Supreme Court · 1885
- Guyer v. WarrenIllinois Supreme Court · 1898
- Kelly v. GalbraithIllinois Supreme Court · 1900
- Hamilton v. HarveyIllinois Supreme Court · 1887
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3Cited by39 opinions
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- Rentenbach Engineering Co., Construction Division v. General Realty Ltd.Court of Appeals of Tennessee · 1985
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