Alter v. Moellenkamp

This is an appeal from a decree of the circuit court of Cook County, dismissing a suit for specific performance of a contract for the sale of real estate and in the alternative for damages and for relief in damages against third-party subsequent purchasers. A freehold is involved.

The decree below was entered after hearing of a motion to dismiss, without hearing of evidence, so that the procedural steps must be stated. Appellant filed a complaint in chancery praying only for specific performance of a contract dated April 19, 1957, later redated and signed June 5, 1957, by which appellant…