Gage v. Cummings
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Jesse Holdom, Judge, presiding. On July 30, 1902, Norman P. Cummings, one of the appellees, and Henry H. Gage, one of the appellants, entered into a written contract with each other for the exchange of certain land therein specifically described, Cummings to make convejmnce to Mary B. Gage, and Gage to convey to either Cora C. Willett or said Cumming's.
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Appeal from the Superior Court of Cook county; the Hon. Jesse Holdom, Judge, presiding. On July 30, 1902, Norman P. Cummings, one of the appellees, and Henry H. Gage, one of the appellants, entered into a written contract with each other for the exchange of certain land therein specifically described, Cummings to make convejmnce to Mary B. Gage, and Gage to convey to either Cora C. Willett or said Cumming's. Gage was also to pay the sum of $1000 cash and give a note for $5000, to be secured by trust deed on the property to be conveyed to him by Cummings. Each was to furnish the other, within…
1Opinion of the CourtJustice Scott
This is a contract between Norman P. Cummings and Henry H. Gage, and provides for the conveyance of real estate by each. Mary B. Gage is not a party to the agreement, and it contains no recital to indicate any purpose that she should be a party thereto. It is not a unilateral or option contract, but provides absolutely for the conveyance of all the real estate therein described. The title to a part of the real estate which Gage agreed to convey was vested in Mary B. Gage. It is apparent that as the rights of the parties existed when that contract was concluded, Cummings would have had no…
2Cases cited4 opinions
- Dresel v. JordanMassachusetts Supreme Judicial Court · 1870
- Luse v. DeitzSupreme Court of Iowa · 1877
- Tryce v. DittusIllinois Supreme Court · 1902
- Beard v. LinthicumHigh Court of Chancery of Maryland · 1848
3Cited by15 opinions
- Kuhn v. EppsteinIllinois Supreme Court · 1905
- Cohen v. SegalIllinois Supreme Court · 1911
- La Salle National Bank v. BrodskyAppellate Court of Illinois · 1964
- Gould v. StelterIllinois Supreme Court · 1958
- Kellogg v. KartteIllinois Supreme Court · 1926
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