Cummins v. Martzen

This is an appeal from a decree of the circuit court of Sangamon county dismissing a bill for specific performance of a contract to convey real estate. The bill was filed October 27, 1913, by S. H. Cummins, appellant here, against Tony Marcinka, alias Tony Martzen, who will hereafter be referred to as Martzen. The bill alleged B. R. Brisk, acting as agent for appellant for the purchase of the property described in the bill, on August 2, 1913, gave Tony Martzen a check for $100, upon the face of which was written the following memorandum of agreement: “Received of S. H. Cummins $100 on…