Walters v. Walters
Illinois Supreme Court
Writ or Error to the Circuit Court of Tazewell county; the Hon. N. W. Green, Judge, presiding. This is a bill filed by the defendants in error, the widow and children of Charles Walters, deceased, in the Circuit Court of Tazewell County, on August 31, 1888, against the plaintiff in error, Henry Walters, father of said Charles Walters, for the purpose of enforcing a verbal contract alleged to have been made between plaintiff in error and his deceased son, Charles, in 1877,…
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Writ or Error to the Circuit Court of Tazewell county; the Hon. N. W. Green, Judge, presiding. This is a bill filed by the defendants in error, the widow and children of Charles Walters, deceased, in the Circuit Court of Tazewell County, on August 31, 1888, against the plaintiff in error, Henry Walters, father of said Charles Walters, for the purpose of enforcing a verbal contract alleged to have been made between plaintiff in error and his deceased son, Charles, in 1877, for the sale by the former to the latter of an improved farm in said county. The administrator of the estate of Charles…
1Opinion of the CourtJustice Magruder
In the present ease the defendant below filed no answer. Default was entered against him. One of the questions arising upon the assignments of error is whether the bill states such a •case as justifies the decree entered in the cause. (Perkins v. Hadsell, 50 Ill. 216; Smith v. Brittenham, 98 id. 188.)
It may be admitted, as it seems to be assumed by both par-lies, that, in the absence of any plea of the statute of frauds, the verbal agreement set-up in the bill could be enforced in iavor of Charles Walters or his heirs, if he or they had performed his part of such agreement.
Omitting the other…
2Cases cited5 opinions
- Chappell v. McKnightIllinois Supreme Court · 1884
- Perkins v. HadsellIllinois Supreme Court · 1869
- Marvin v. CollinsIllinois Supreme Court · 1881
- Walker v. DouglasIllinois Supreme Court · 1873
- Greenbaum v. AustrianIllinois Supreme Court · 1873
3Cited by6 opinions
- Shay v. PenroseIllinois Supreme Court · 1962
- Harris v. Ingleside Building Corp.Illinois Supreme Court · 1939
- Grandjean v. BeylNebraska Supreme Court · 1907
- Gutsch Brewing Co. v. FischbeckAppellate Court of Illinois · 1891
- Phenix Insurance v. CaldwellAppellate Court of Illinois · 1899
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