Legal Opinion

Hawes v. Favor

Illinois Supreme Court

Decided May 12, 1896PublishedCited by 13 opinions

Appeal from the Superior Court of Cook county; the Hon. John Barton Payne, Judge, presiding. Prior to the 23d day of April, 1874, John H. Dunham subdivided into city lots the south 661 feet of the southwest quarter of the north-east quarter of section 11, township 38, north, range 14, east, in Cook county. This subdivision was laid out with a street on the south, named Fifty-first street, 33 feet wide, and a street on the west, named Madison avenue, also 33 feet wide.

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Appeal from the Superior Court of Cook county; the Hon. John Barton Payne, Judge, presiding. Prior to the 23d day of April, 1874, John H. Dunham subdivided into city lots the south 661 feet of the southwest quarter of the north-east quarter of section 11, township 38, north, range 14, east, in Cook county. This subdivision was laid out with a street on the south, named Fifty-first street, 33 feet wide, and a street on the west, named Madison avenue, also 33 feet wide. Abutting on Fifty-first street is a tier of lots extending north 145 feet, and fronting on a private park named “Madison…

1Opinion of the CourtJustice Wilkin

The principal ground upon which a reversal is insisted upon is, that appellee failed to show that she had performed her covenants in the lease in regard to the building. After urging this ground, however, the proposition is asserted that the clause giving appellee the right to purchase the property is void, because at the time it was entered into appellee was a married woman. If this position be tenable all other questions raised upon the record are of no importance, and it will therefore be first disposed of.

We are at a loss to perceive upon what principle of equity it can be seriously…

2Cases cited4 opinions

  1. Hayes v. O'BrienIllinois Supreme Court · 1894
  2. Eckhart v. IronsIllinois Supreme Court · 1889
  3. Carpenter v. MitchellIllinois Supreme Court · 1870
  4. Graham v. HiteCourt of Appeals of Kentucky · 1892

3Cited by13 opinions

  1. O'Gallagher v. LockhartIllinois Supreme Court · 1914
  2. Northern Trust Co. v. ThompsonIllinois Supreme Court · 1929
  3. Bass v. Metropolitan West Side El. R.Court of Appeals for the Seventh Circuit · 1897
  4. Hanley Falls Creamery Co. v. Milton Dairy Co.Supreme Court of Minnesota · 1914
  5. Johnson v. WellbornCourt of Appeals of Texas · 1944

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