Roby v. Cossitt
Illinois Supreme Court
Writ of Error to the Superior Court of Cook county; the Hon. Samuel M. Moore, Judge, presiding. This was a bill in chancery, by Edward Roby against Franklin D. Cossitt and others, for the specific execution of a contract for the sale of lands made to one Elisha Nason, and by him assigned to the complainant. The opinion of the court contains a substantial statement of the material facts of the case. The court below sustained a demurrer to the bill and dismissed the same.
1Opinion of the CourtChief Justice Scott
Without reference to the question whether the construction complainant contends should be given to the Statute ofFrauds, can be maintained, we think the bill was properly dismissed for the special causes set forth in the demurrer. The allegations of the bill are too indefinite and uncertain to warrant the relief sought under it.
The bill is for the specific performance of an alleged contract in relation to the sale of real estate. Upon information and belief, it is charged defendant Cossitt was the owner of the land involved in this litigation. It is also alleged,complainant was informed, one…
2Cited by9 opinions
- Fowler v. MarshallSupreme Court of Kansas · 1883
- Watkins v. ChildsSupreme Court of Vermont · 1907
- Anderson v. KohlerAppellate Court of Illinois · 2009
- Smith v. ShacklefordSupreme Court of Florida · 1926
- State ex rel. McKinnon v. ScottNebraska Supreme Court · 1885
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