Eames v. Der Germania Turn Verein
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. Thomas A. Moran, Judge, presiding. This was an action for money had and received, brought April 30, 1872, in the Cook Circuit Court, by Der Germania Turn Verein, against appellant, Eames and Matthew Tallin, to recover back the purchase-money paid l>3r plaintiff to defendants, under a contract for the sale and conveyance, by the latter to the former, of certain real estate.
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Appeal from the Circuit Court of Cook county; the Hon. Thomas A. Moran, Judge, presiding. This was an action for money had and received, brought April 30, 1872, in the Cook Circuit Court, by Der Germania Turn Verein, against appellant, Eames and Matthew Tallin, to recover back the purchase-money paid l>3r plaintiff to defendants, under a contract for the sale and conveyance, by the latter to the former, of certain real estate. The defendants having pleaded the general issue, the case was tried April 27, 1874, and resulted in a judgment against defendants for $2,439, besides costs, and they…
1Opinion of the CourtMcAllister, P. J.
The contract in question was not in its inception absolute, but conditional. The purchaser made a deposit of five hundred dollars; the sellers were to furnish abstract of title to the bargained premises, which purchaser was to have ten days to examine; then it contained the express provision that if, upon such examination, the title proved to be invalid, the sale was to be nu.l and void, and said deposit was to be refunded. The abstract was furnished, truly representing the state of the title, which it is stipulated in the case was good, unless the Gage decree in the foreclosure suit…
2Cases cited7 opinions
- Baston v. CliffordIllinois Supreme Court · 1873
- Larmon v. JordanIllinois Supreme Court · 1870
- Leaird v. . SmithNew York Court of Appeals · 1871
- Green v. GreenNew York Supreme Court · 1828
- Carpenter v. BaileyNew York Supreme Court · 1837
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3Cited by10 opinions
- Miller v. SnedekerSupreme Court of Minnesota · 1960
- Jennings v. Dexter Horton & Co.Washington Supreme Court · 1906
- Glenn v. PriceAppellate Court of Illinois · 1949
- Augsberg v. MeredithAppellate Court of Illinois · 1902
- Eggers v. BuschAppellate Court of Illinois · 1894
5 more not listed; retrieve them via the Exa API.