Fletcher v. Underwood
Illinois Supreme Court
Appeal from the Circuit Court of Lawrence county; the Hon. J. R. Creighton, Judge, presiding. On February 13, 1908, W. B. Fletcher, the appellee, filed his bill in the circuit court of Lawrence county against T. S. Underwood and others to compel the specific performance of a contract for the sale of an undivided one-fourth interest in certain real estate, alleged to have been entered into by appellee and S. E. Carney, one of the defendants.
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Appeal from the Circuit Court of Lawrence county; the Hon. J. R. Creighton, Judge, presiding. On February 13, 1908, W. B. Fletcher, the appellee, filed his bill in the circuit court of Lawrence county against T. S. Underwood and others to compel the specific performance of a contract for the sale of an undivided one-fourth interest in certain real estate, alleged to have been entered into by appellee and S. E. Carney, one of the defendants. Later the bill was dismissed as to certain of the defendants and a joint and several answer was filed by the others. The answer, among other things,…
1Opinion of the CourtJustice Scott
Several matters are here urged as defenses to the bill. It will be necessary to discuss but one. The contract which it is claimed existed between Carney and Fletcher, and which Parriott swears that he, representing both parties, made with himself, is not evidenced by any writing. Where an agent sells real estate for another, in order to bind the principal it is not only necessary that the authority of the agent should be in writing, but also that the contract made by the agent, or some memorandum thereof, should be in writing and signed by the agent. Lasher v. Gardner, 124 Ill. 441.
Appellee…
2Cases cited2 opinions
- Ullsperger v. MeyerIllinois Supreme Court · 1905
- Lasher v. GardnerIllinois Supreme Court · 1888
3Cited by6 opinions
- Lowenberg v. BoothIllinois Supreme Court · 1928
- Dineff v. WerneckeIllinois Supreme Court · 1963
- Lusky v. KeiserTennessee Supreme Court · 1913
- Hartenbower v. UdenIllinois Supreme Court · 1909
- Kelly v. FischerIllinois Supreme Court · 1914
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