Stow v. Robinson
Illinois Supreme Court
The complainants, Jane Stow, late Jane Rattray, heir and administratrix of David Rattray, her husband, William H. Stow, and the other heirs of David Rattray, filed their bill of complaint against Christopher C. Robinson, to compel performance of the following agreement: “ Articles of Agreement, made and entered into between C. C. Robinson, of the City of Chicago, County of Cook and State of Illinois, party of the first part, and David Rattray, of the same place, party of the…
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The complainants, Jane Stow, late Jane Rattray, heir and administratrix of David Rattray, her husband, William H. Stow, and the other heirs of David Rattray, filed their bill of complaint against Christopher C. Robinson, to compel performance of the following agreement: “ Articles of Agreement, made and entered into between C. C. Robinson, of the City of Chicago, County of Cook and State of Illinois, party of the first part, and David Rattray, of the same place, party of the second part: Witness that the said party of the first part has purchased Block No. Forty-three of the subdivision of…
1Opinion of the CourtWalker, J.
This bill proceeds upon the supposition that Rattray, by the agreement, acquired an immediate vested interest in the land itself, and not in the proceeds realized from its sale. And the question whether the court erred in dismissing the bill, depends upon whether that is the true construction to lie given to the contract. If it is, and the agreement is capable of being executed, then a specific performance of the contract may be decreed, otherwise the bill was properly dismissed. The contract expressly stipulates for the performance of labor and the exercise of skill, by Rattray, and for a…
2Cited by6 opinions
- Mills v. SmithMassachusetts Supreme Judicial Court · 1906
- Clark v. MuirIllinois Supreme Court · 1921
- Barling v. PetersIllinois Supreme Court · 1889
- Pierpont v. LanphereAppellate Court of Illinois · 1902
- Hyman v. PetersAppellate Court of Illinois · 1889
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