Bensinger v. Kantzler
Appellate Court of Illinois
Action of assumpsit. Appeal from the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge, presiding. Heard in this court at the March term, 1903.
1Opinion of the CourtJustice Ball
This contract is an entire one. After stating all that appellants bind themselves to do, it continues.: " In consideration of the foregoing payments, agreements, guarantees and options, said party of the first part (appellees) agree as follows.” Hence all of the promises of each party form an entire consideration for the promises of the other; and if any substantial part of the consideration is illegal, the entire contract is void. Douthart v. Congdon, 197 Ill. 349-355, and cases cited.
The provision in regard to the purchase of the four hundred shares of stock remaining in the hands of…
2Cases cited13 opinions
- West v. CamdenSupreme Court of the United States · 1890
- Lorillard v. . ClydeNew York Court of Appeals · 1881
- Schneider v. TurnerIllinois Supreme Court · 1889
- Douthart v. CongdonIllinois Supreme Court · 1902
- Mallory v. Mallory Wheeler Co.Supreme Court of Connecticut · 1891
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