Gobble v. Linder
Illinois Supreme Court
Appeal from the Circuit Court of Macoupin county; the Hon. Charles S. Zane, Judge, presiding. This was an action of debt, brought by Mary J. Gobble against John M. Linder, upon an agreement for the exchange of farms between the parties. The facts may be found in the opinion of the court.
1Opinion of the CourtJustice Scott
The written contract between the parties to this suit obligated them to exchange farms. It contained a provision, in case either one failed to make the deed in exchange at the appointed time, such party would “forfeit and pay as damages” to the other the sum of $1500. Plaintiff was ready, and offered to perform the agreement on her part, but defendant having failed to make a deed, as he had contracted to do, this suit was brought to recover the sum named in the contract.
The agreement is set out in the declaration in hceo verba, with all proper averments, to which defendant interposed a…
2Cases cited5 opinions
- Knapp v. MaltbyNew York Supreme Court · 1835
- Peine v. WeberIllinois Supreme Court · 1868
- Tingley v. CutlerSupreme Court of Connecticut · 1828
- Slosson v. BeadleNew York Supreme Court · 1810
- Low v. NolteIllinois Supreme Court · 1855
3Cited by26 opinions
- Merica v. BurgetIndiana Court of Appeals · 1905
- Advance Amusement Co. v. FrankeIllinois Supreme Court · 1915
- Jarro Building Industries Corp. v. SchwartzAppellate Terms of the Supreme Court of New York · 1967
- Calbeck v. FordMichigan Supreme Court · 1905
- Bartholomae & Roesing Brewing & Malting Co. v. ModzelewskiIllinois Supreme Court · 1915
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