Toledo, Peoria & Western Railroad v. Brown

The Toledo, Peoria and Western Railroad, appellant, filed its bill for specific performance and damages in the circuit court of Peoria county against Eugene Brown and wife, Deloss S. Brown and wife, the Peoria and Pekin Union Railway Company and others, to compel conveyance of certain real estate upon which it is alleged appellant held a legal option to purchase from the said Browns. Motions to dismiss for want of equity were made by each defendant and sustained by the court. A direct appeal to this court is taken because a freehold is involved.

On January 4, 1929, the Browns entered into a…