Legal Opinion

Godwin v. Springer

Illinois Supreme Court

Decided February 20, 1908PublishedCited by 4 opinions

Appeal from the Circuit Court of Macon county; the Hon. W. C. Johns, Judge, presiding. On May 3, 1906, W. Frank Godwin, appellee, filed his bill in the circuit court of Macon county against Titus T. Springer, Nancy J. Springer, the Decatur Brick Company, (a corporation,) appellants, and Josiah M. Clokey, for specific performance of a parol contract and for other relief.

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Appeal from the Circuit Court of Macon county; the Hon. W. C. Johns, Judge, presiding. On May 3, 1906, W. Frank Godwin, appellee, filed his bill in the circuit court of Macon county against Titus T. Springer, Nancy J. Springer, the Decatur Brick Company, (a corporation,) appellants, and Josiah M. Clokey, for specific performance of a parol contract and for other relief. The bill alleged that on January 18, 1906, appellee entered into a parol agreement with Titus T. Springer to convey to him sixteen lots, valued at $4000, owned by him in Wabash place, in or near the city of Decatur, Illinois,…

1Opinion of the CourtJustice Scott

The Statute of Frauds is not interposed as a defense, so far as the original contract is concerned.

By the agreement of the parties Godwin was to exchange certain lots which he owned in Wabash place, in or near the city of Decatur, at a value of $4000, for a tract of land owned by Springer, lying just east of the city of Decatur, at a price of $7000. The land was encumbered by mortgages securing $2200, which Godwin was to assume, and he was to give his note to Springer for the balance of $800. Godwin was to enter into a contract by which he was to bind himself to give to the city of Decatur an…

2Cases cited2 opinions

  1. Chicago, Burlington & Quincy Railroad v. RenoIllinois Supreme Court · 1885
  2. East St. Louis Connecting Railway Co. v. City of East St. LouisIllinois Supreme Court · 1899

3Cited by4 opinions

  1. Zempel v. HughesIllinois Supreme Court · 1908
  2. Favata v. MercerIllinois Supreme Court · 1951
  3. Jacksonville Hotel Building Corp. v. Dunlap Hotel Co.Appellate Court of Illinois · 1931
  4. Andrews v. MohrenstecherIllinois Supreme Court · 1920

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