Farson v. Fogg
Appellate Court of Illinois
Bill for Specific Performance.—Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge presiding.
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Bill for Specific Performance.—Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge presiding. Heard in the Branch Appellate Court at the October term, 1901. Appellants’ counsel assert that the bill of complaint in this case was exhibited to collect a penalty; whereas, appellees’ counsel contend that its purpose was to compel the paving of Cheltenham Place, Chicago, or “ if the court should deem it equitable, in view of the case, then to have a certain check held in escrow delivered up, and defendants Farson and Leach, by whom it was certified, compelled to pay it…
1Opinion of the CourtJustice Freeman
It is said by appellants’ counsel that the contract, the material parts of which are above stated, “is a contract made to conceal an oral agreement in violation of public policy.” It is contended that the consideration of the contract in question was the sale of frontage consents to the railway company; that it was an attempt to do indirectly what can not be done directly, and that it is void because against public policy. What the consideration was is mainly a question of fact, upon which there is some apparent contradiction in testimony between Fogg and Leach, but which the master has…
2Cases cited5 opinions
- Scofield v. TompkinsIllinois Supreme Court · 1880
- Doane v. Chicago City Railway Co.Illinois Supreme Court · 1895
- Jackson v. HortonIllinois Supreme Court · 1888
- Wyman v. Fort Dearborn National BankIllinois Supreme Court · 1899
- National Bank of America v. National BankIllinois Supreme Court · 1897