Winter v. Trainor
Illinois Supreme Court
Appeal from the Superior Court of Cook County; the Hon. H. M. Shepard, Judge, presiding. Appellant filed his bill, and afterwards, by leave of court, his amended and substituted bill, in the Superior Court of Cook county, against appellee, to enforce the specific performance of the contract alleged to be contained in the following written instrument: “Chicago, November 5, 1891. “I will give ten acres south of 108th street, fronting State street and Wentworth avenue; three…
Read the full summary
Appeal from the Superior Court of Cook County; the Hon. H. M. Shepard, Judge, presiding. Appellant filed his bill, and afterwards, by leave of court, his amended and substituted bill, in the Superior Court of Cook county, against appellee, to enforce the specific performance of the contract alleged to be contained in the following written instrument: “Chicago, November 5, 1891. “I will give ten acres south of 108th street, fronting State street and Wentworth avenue; three acres, more or less, fronting State street and Michigan avenue on south side of where 108th street will be; also lots nine…
1Opinion of the CourtJustice Baker
An application for the specific performance of a contract is addressed to the sound legal discretion of the court. Courts of equity will decree a specific performance where the contract is in writing, and is certain, and is fair in all its parts, and is for an adequate consideration, and is capable of being performed, but not otherwise. Bowman v. Cunningham, 78 Ill. 48; Hamilton v. Harvey, 121 id. 469; 2 Story Eq. Jur., sec. 741. The obligation must be mutual; and unless the contract binds all the parties, it will not be specifically enforced against any of them. Andrews et al. v. Sullivan, 2…
2Cases cited4 opinions
- Bowman v. CunninghamIllinois Supreme Court · 1875
- Barrett v. GeisingerIllinois Supreme Court · 1893
- Robinson v. AppletonIllinois Supreme Court · 1888
- Goodale v. HillSupreme Court of Connecticut · 1875
3Cited by9 opinions
- Ulrey v. KeithIllinois Supreme Court · 1908
- Hope v. National AirlinesDistrict Court of Appeal of Florida · 1957
- Young v. TrainorIllinois Supreme Court · 1895
- John Meadows v. Radio Industries, Inc.Court of Appeals for the Seventh Circuit · 1955
- Clark v. PottsIllinois Supreme Court · 1912
4 more not listed; retrieve them via the Exa API.