Steele v. Biggs
Illinois Supreme Court
This bill charges that Orrington Lunt, of Chicago, one of the defendants hereinafter named, was, on and before the 10th of March, 1853, seized of certain real estate, to wit: Lots 20, 21 and 22, in block 62, and lots 1, 2 and 3, in block 63, in the Illinois and Michigan Canal Trustees’ subdivision of lots and blocks, in the W. part of the S. W. i of sec. 9, T. 39 N., of R. 14 E., old town of Chicago.
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This bill charges that Orrington Lunt, of Chicago, one of the defendants hereinafter named, was, on and before the 10th of March, 1853, seized of certain real estate, to wit: Lots 20, 21 and 22, in block 62, and lots 1, 2 and 3, in block 63, in the Illinois and Michigan Canal Trustees’ subdivision of lots and blocks, in the W. part of the S. W. i of sec. 9, T. 39 N., of R. 14 E., old town of Chicago. That said Lunt entered into an agreement with one George McCullough, of Cincinnati, for the sale thereof to him, which agreement was reduced to writing, and signed and sealed by said Lunt and…
1Opinion of the CourtBreese, J.
There are but two questions we consider very material in this case. The first is, was time of payment of the essence of this agreement; and the other is, did the defendant, or any authorized person for him, make a legal tender of the .payment in money, as required by the terms of the agreement.
The appellee denies that time was of the essence of this con-i tract. To determine it, we must look to the agreement and its several clauses relating to this point. The clauses provide as .follows:
“ It is mutually covenanted and agreed between the parties thereto, that in case default is made in any of…
2Cases cited1 opinion
- Brashier v. GratzSupreme Court of the United States · 1821
3Cited by8 opinions
- Jones v. Mississippi Farms Co.Mississippi Supreme Court · 1917
- Asia v. HiserSupreme Court of Florida · 1896
- Sovereign Camp, W. O. W. v. McClureMississippi Supreme Court · 1936
- Supreme Tent v. FisherIndiana Court of Appeals · 1910
- Cunningham v. Illinois Central RailroadIllinois Supreme Court · 1875
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