Naugle v. Yerkes
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding.
Read the full summary
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. This is a bill in equity filed by the appellants on the 11th day of April, 1898, in the circuit court of Cook county, against the appellee, praying that an agreement between the appellants and appellee, bearing date July 26,1897, be rescinded and canceled, and that appellee be decreed to account to appellants for all of the stocks and bonds of the Suburban Railroad Company received by him under and in pursuance of said…
1Opinion of the CourtJustice Hand
The only matter left uncertain by the contract of July 26,1897, is the amount to be paid appellants for the “power house” and the “special work,” which, by the terms of the contract, was to be determined by M. K. Bowen. ' The ground for equitable relief relied upon in the bill is the alleged interference with the impartiality of Bowen by appellee. The bill cannot be maintained, in our opinion, on that ground, for two reasons:
First—The appellants have not placed the appellee in statu quo. The rule is well settled that when a party desires to rescind a contract upon the ground of fraud, it is…
2Cases cited5 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Hood v. HartshornMassachusetts Supreme Judicial Court · 1868
- Day v. Fort Scott Investment & Improvement Co.Illinois Supreme Court · 1894
- Fowler v. DeakmanIllinois Supreme Court · 1876
- Humaston v. Telegraph Co.Supreme Court of the United States · 1874
3Cited by13 opinions
- Martin v. Heinold Commodities, Inc.Illinois Supreme Court · 1994
- Lariviere v. LarocqueSupreme Court of Vermont · 1933
- Gallagher v. O'NeillNebraska Supreme Court · 1907
- White Brass Castings Co. v. Union Metal Manufacturing Co.Appellate Court of Illinois · 1907
- Streeter v. Chicago Title & Trust Co.District Court, N.D. Illinois · 1926
8 more not listed; retrieve them via the Exa API.