Moore v. Smith
Illinois Supreme Court
The record in this case shows, that on the 31st day of December, 1854, George Smith became the owner in fee of real estate described in the answers of the said Moore and Smith.
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The record in this case shows, that on the 31st day of December, 1854, George Smith became the owner in fee of real estate described in the answers of the said Moore and Smith. On the 1st day of February, 1855, Smith made a written contract with one William Ray, to sell him the said real estate upon the following terms: Ray was to pay him $1,649.07 in five years from the 31st Dec., 1854, with interest at ten per cent., payable annually, and all taxes assessed upon the land; to keep the premises insured for $1,100, in Smith’s name. If Smith paid the taxes and insurance, the same was to be…
1Opinion of the CourtWalker, J.
The first question presented is, whether the clause of forfeiture contained in the agreement between Ray and Smith, upon default in payment of the purchase money, converted the possession by the purchaser into a tenancy at will, without any further act of the parties. The agreement contained , a provision, that if Ray should make default in any payment of the purchase money or interest, the contract should be forfeited, and that he and his assigns should be tenants at will, at a rent equal to twenty per cent, on the amount of the purchase money, payable monthly. Ray and his partners failed to…
2Cases cited3 opinions
- White v. ArndtSupreme Court of Pennsylvania · 1836
- Oves v. OgelsbySupreme Court of Pennsylvania · 1838
- Slade v. HalstedNew York Supreme Court · 1827
3Cited by9 opinions
- Gradle v. WarnerIllinois Supreme Court · 1892
- Waite v. StanleySupreme Court of Vermont · 1914
- Smith v. MooreIllinois Supreme Court · 1861
- Ogden v. LarrabeeIllinois Supreme Court · 1870
- Rampton v. DobsonSupreme Court of Iowa · 1912
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