Kadish v. Lyon
Illinois Supreme Court
Writ or Error to the Superior Court of Cook county; the Hon. M. Kavanagh, Judge, presiding. On October 7, 1902, Hiram B. Kadish, Clara L. Kadish and Marion B. Kadish, plaintiffs in error, by their guardian, Hiram Barber, filed their bill in the superior court of Cook county against Thomas R. Lyon, defendant in error, for the purpose of ascertaining and establishing their interest in certain real estate in the city of Chicago, the title to which was in said Lyon, and for…
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Writ or Error to the Superior Court of Cook county; the Hon. M. Kavanagh, Judge, presiding. On October 7, 1902, Hiram B. Kadish, Clara L. Kadish and Marion B. Kadish, plaintiffs in error, by their guardian, Hiram Barber, filed their bill in the superior court of Cook county against Thomas R. Lyon, defendant in error, for the purpose of ascertaining and establishing their interest in certain real estate in the city of Chicago, the title to which was in said Lyon, and for other relief. The following statement is taken in large part from that found in plaintiffs in error’s brief and argument:…
1Opinion of the CourtJustice Scott
Plaintiffs in error urge that by the indenture of September 1, 1890, which provided that Kadish, his heirs or assigns, might purchase from the lessors, their heirs or assigns, the property at any time within ten years for the sum of $40,000, and that this agreement should be considered a covenant running with the land, binding upon the heirs and assigns of said lessors, Kadish became, in equity, the holder of the fee in the premises, and that the same, upon his death, descended to his heirs. We think this ignores the distinction between a contract for the purchase of real estate and a…
2Cases cited2 opinions
- Bostwick v. HessIllinois Supreme Court · 1875
- Smith v. Wilmington Coal Mining & Manufacturing Co.Illinois Supreme Court · 1876
3Cited by8 opinions
- Helvering v. San Joaquin Fruit & Investment Co.Supreme Court of the United States · 1936
- Durfee House Furnishing Co. v. Great Atlantic & Pacific Tea Co.Supreme Court of Vermont · 1927
- Gautier v. LapofSupreme Court of Florida · 1956
- Tcherepnin v. FranzDistrict Court, N.D. Illinois · 1979
- Macdonald v. O'SheaWashington Supreme Court · 1910
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