Legal Opinion

Downing v. Plate

Illinois Supreme Court

Decided September 15, 1878PublishedCited by 3 opinions

Appeal from the Superior Court of Cook county; the Hon. Samuel M. Moore, Judge, presiding. On the 5th of November, 1870, Bichard Downing, the appellant, being the owner of certain lands mentioned in the bill, contracted to sell the same to Ernest Plate, for the sum of $6280, to be paid in installments from time to time, the last of which was to be paid at the end of six years from that date.

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Appeal from the Superior Court of Cook county; the Hon. Samuel M. Moore, Judge, presiding. On the 5th of November, 1870, Bichard Downing, the appellant, being the owner of certain lands mentioned in the bill, contracted to sell the same to Ernest Plate, for the sum of $6280, to be paid in installments from time to time, the last of which was to be paid at the end of six years from that date. On these installments interest was to be paid, before due, at the rate, from date until due, of 6 per cent per annum, and after due, at the rate of 10 per cent. As security for the payment of the purchase…

1Opinion of the CourtJustice Dicicey

The first objection made to this decree is, that the tender made before the filing, of the bill was of only $1500, and the court found the amount due to be $3300, and it is insisted that for this reason complainant is not entitled to the relief granted.

It is undoubtedly true, that where the balance of the purchase money can be ascertained, the complainant is not entitled to a conveyance without an offer, on his part, of the purchase money'; and it is true that in such case the offer should be made before the bill is filed, but in this case the evidence of the payments which were indorsed upon…

2Cited by3 opinions

  1. Orr v. ClarkSupreme Court of Vermont · 1890
  2. Clough v. KyneAppellate Court of Illinois · 1891
  3. Greenbriar Condominium, Phase I, Council of Unit Owners, Inc. v. BrooksCourt of Special Appeals of Maryland · 2004

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