Legal Opinion

Johnson v. McChesney

Appellate Court of Illinois

Decided October 23, 1889PublishedCited by 1 opinion

Appeal from the Superior Court of Cook County; the Hon. Henry M. Shepard, Judge, presiding.

1Opinion of the CourtGarnett, J.

On March 1, 1881, a contract was made by the defendant in error with plaintiff in error, to sell her two lots in Cook county, for the sum of $450, to be paid in install, ments. The sum paid is in dispute, but it was either $90 or $ 100. The contract made time of its essence, and authorized Mc-Chesney, at his option, to declare a forfeiture for the failure in payment of an installment, and in that event to retain all payments as liquidated damages. The purchaser filed the contract for record and failed to pay any installment after the first. After such failure McChesney tendered her a warranty…

2Cases cited5 opinions

  1. Smith v. BrittenhamIllinois Supreme Court · 1884
  2. Huntington v. AllenMississippi Supreme Court · 1870
  3. Bissell v. KelloggNew York Supreme Court · 1871
  4. Shays v. NortonIllinois Supreme Court · 1868
  5. Holden v. HoldenAppellate Court of Illinois · 1887

3Cited by1 opinion

  1. Allen v. LucasHawaii Supreme Court · 1903

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