Bissell v. Terry
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. William W. 'Farwell, Judge, presiding. This was a bill in equity, in the circuit court of Cook county, by appellant, Bissell, against William Terry and others, the appellees, to enforce specific performance by Terry of a contract for the sale of certain real estate therein described, situate in the city of Chicago, which contract was alleged to have been made by Terry, through his legally authorized agent, M. H. Lord,…
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Appeal from the Circuit Court of Cook county; the Hon. William W. 'Farwell, Judge, presiding. This was a bill in equity, in the circuit court of Cook county, by appellant, Bissell, against William Terry and others, the appellees, to enforce specific performance by Terry of a contract for the sale of certain real estate therein described, situate in the city of Chicago, which contract was alleged to have been made by Terry, through his legally authorized agent, M. H. Lord, and is as follows; “Sold to Josiah H. Bissell the following described pieces, parcels of land, situate in the city of…
1Opinion of the CourtJustice McAllister
The principal question in this case is, whether the instrument set out in the bill, which the complainant sought to have specifically enforced in equity, as the contract of Terrv, ever became obligatory upon him. That question, under the issues formed, involves two others: First—Whether Lord, the alleged agent, was duly authorized, within th,e meaning of the Statute of Frauds, to make that contract in the name of Terry. Second—Whether, if he was, a contract as alleged was completely made before the authority was revoked.
Counsel for appellant raised a question, in limine, that by the laws of…
2Cases cited1 opinion
- Gilbert v. HolmesIllinois Supreme Court · 1872
3Cited by17 opinions
- Thomson v. KyleSupreme Court of Florida · 1897
- Hotel Woodward Co. v. Ford Motor Co.Court of Appeals for the Second Circuit · 1919
- Glass v. RoweSupreme Court of Missouri · 1890
- Jones v. HowardIllinois Supreme Court · 1908
- Leaf v. CoddIdaho Supreme Court · 1925
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