Guyer v. Warren
Illinois Supreme Court
Appeal from the Circuit Court of Rock Island county; the Hon. Hiram Bigelow, Judge, presiding. This is a bill for specific performance, filed on June 5, 1896, by the appellant against the appellees, Edwin E. Warren and Rilla Warren. The contract, whose performance the bill seeks to enforce, was dated February 14, 1895, and signed by the appellees under their respective seals, and was by them acknowledged before a notary public on the day of its date.
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Appeal from the Circuit Court of Rock Island county; the Hon. Hiram Bigelow, Judge, presiding. This is a bill for specific performance, filed on June 5, 1896, by the appellant against the appellees, Edwin E. Warren and Rilla Warren. The contract, whose performance the bill seeks to enforce, was dated February 14, 1895, and signed by the appellees under their respective seals, and was by them acknowledged before a notary public on the day of its date. The contract is as follows: “In consideration of one dollar to us in hand paid by R. R. Bemis, the receipt and sufficiency whereof is hereby…
1Opinion of the CourtJustice Magruder
The first objection made to the bill is, that the contract, which it seeks to specifically perform, lacks mutuality of obligation. The contention is that, by the terms of the contract, there is no obligation on the part of Bemis, or his assignee, the appellant, to buy the land, and that Warren and his wife cannot compel Bemis or his assignee to purchase the land. In other words, it is claimed that Bemis did not purchase the land or any interest therein, but merely secured the rig'ht to an option to purchase in the future.
It was formerly held with some degree of strictness that the want of…
2Cases cited5 opinions
- Willard v. TayloeSupreme Court of the United States · 1870
- State ex rel. Chase v. RogersNevada Supreme Court · 1875
- Estes v. FurlongIllinois Supreme Court · 1871
- Hamilton v. HarveyIllinois Supreme Court · 1887
- Brown v. SleeSupreme Court of the United States · 1881
3Cited by49 opinions
- Smith v. BanghamCalifornia Supreme Court · 1909
- Forthman v. DetersIllinois Supreme Court · 1903
- In Re Estate of FrayserIllinois Supreme Court · 1948
- Greer v. Carter Oil Co.Illinois Supreme Court · 1940
- Horgan v. RussellNorth Dakota Supreme Court · 1913
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