Kassing v. Durand
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. Loein C. Collins, Judge, presiding. John H. Kassing filed his bill in the court below setting forth that about the first of September, 1876, he was the owner in fee simple of lots 4, 5 and 9, in block 14, in Hewbury’s addition to Chicago, subject to a mortgage to secure the payment of about $10,000, with interest thereon at the rate of nine per cent per annum, payable semi-annually; that at said time he was indebted to…
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Appeal from the Circuit Court of Cook County; the Hon. Loein C. Collins, Judge, presiding. John H. Kassing filed his bill in the court below setting forth that about the first of September, 1876, he was the owner in fee simple of lots 4, 5 and 9, in block 14, in Hewbury’s addition to Chicago, subject to a mortgage to secure the payment of about $10,000, with interest thereon at the rate of nine per cent per annum, payable semi-annually; that at said time he was indebted to different people, which indebtedness he had not at that time the ready money to pay, although he was the owner of…
1Opinion of the CourtWaterman, J.
The bill filed by appellant is for the enforcement of a contract alleged to have been made by him with appellees.
The first question that arises is, whether the contract as stated is one which a court of equity will enforce. The rule that no one should be permitted to take advantage of his own wrong—JWullus cowmodum eapere potest de injuria sua propria—is familiar.
We are therefore called upon to inquire what it really was that appellant alleges was agreed to be done, and what has been done in pursuance of such agreement.
The allegation is made that he told appellees that he wished among other…
2Cases cited10 opinions
- Miller v. MarckleIllinois Supreme Court · 1859
- Phelps v. CurtsIllinois Supreme Court · 1875
- Wheeler v. SageSupreme Court of the United States · 1864
- Moore v. WoodIllinois Supreme Court · 1881
- Dunaway v. RobertsonIllinois Supreme Court · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Gest v. GestSupreme Court of Connecticut · 1933
- American University v. WoodAppellate Court of Illinois · 1919