Legal Opinion

Johnson v. McNellis

Illinois Supreme Court

Decided June 19, 1907PublishedCited by 5 opinions

Writ of Error to the Branch Appellate Court for the First District;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. Plaintiff in error filed her bill in the superior court of Cook county on April 23, 1904, seeking the specific performance of a contract, and other relief.

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Writ of Error to the Branch Appellate Court for the First District;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. Plaintiff in error filed her bill in the superior court of Cook county on April 23, 1904, seeking the specific performance of a contract, and other relief. From the bill, and from evidence offered in support thereof, it appears that in the autumn of 1903 George R. Halden was a tenant in possession of the premises at 357 LaSalle avenue, in the city of Chicago, and engaged in conducting a lodging house…

1Opinion of the CourtJustice Scott

The principal controversy in this case is as to whether or not an oral contract was entered into between plaintiff in error and defendant in error McNellis, as is averred by the bill and as plaintiff in error testified. According to her testimony there was no one present at the making of this contract other than herself and McNellis. The latter testifies that no such contract was made but that another and different contract was entered into, by virtue of which contract the plaintiff in error took possession of the premises and the personal property involved in this suit. The testimony of…

2Cases cited2 opinions

  1. Columbia Theatre Amusement Co. v. AdsitIllinois Supreme Court · 1904
  2. Stone v. SmootIllinois Supreme Court · 1866

3Cited by5 opinions

  1. H. A. Hillmer Co. v. BehrIllinois Supreme Court · 1914
  2. Schwartzentruber v. StephensIllinois Supreme Court · 1956
  3. Liberty National Bank of Chicago v. NewberryAppellate Court of Illinois · 1955
  4. Illinois-Indiana Fair Ass'n v. PhillipsAppellate Court of Illinois · 1926
  5. Welch v. City of HighwoodAppellate Court of Illinois · 1911

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