Wollensak v. Briggs
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. M. F. Tuley, Judge, presiding.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. M. F. Tuley, Judge, presiding. Appellant exhibited his bill in equity,, in the circuit court of Cook county, against the appellee, alleging therein, among other things, the execution and modification of certain contracts, marked, respectively, exhibits “A,” “B,” “C” and “D,” as follows: [Exhibit “A.”] “J. F. Wollensak: “Dear Sir—I propose to build, and deliver to your factory, and set up in complete running order, improved and special machinery, including…
1Opinion of the CourtJustice Scholfield
The opinion of the Appellate Court in this case, by Bailey, J., shows, quite satisfactorily, that this bill can not be maintained as a bill for the specific performance of a contract. Counsel for appellant, however, virtually conceding this, contend that the bill is not to be regarded as a bill for the specific performance of a contract, but as a bill for the discovery and surrender of property. The correctness of this position depends upon whether the contracts and modifications .set out in the bill give title to appellant in the property to which they relate, before delivery by appellee,…
2Cited by7 opinions
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- Mowers v. FoggNew Jersey Court of Chancery · 1889
- Borg-Warner Corp. v. Anchor Coupling Co.Illinois Supreme Court · 1958
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