Bourke v. Kissack
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Julian W. Mack, Judge, presiding. This is an appeal from a decree of the circuit court of Cook county for the specific performance of a contract to convey real estate. The case was in this court at a former term upon an appeal from a decree sustaining a demurrer to the bill and dismissing it for want of equity.
Read the full summary
Appeal from the Circuit Court of Cook county; the Hon. Julian W. Mack, Judge, presiding. This is an appeal from a decree of the circuit court of Cook county for the specific performance of a contract to convey real estate. The case was in this court at a former term upon an appeal from a decree sustaining a demurrer to the bill and dismissing it for want of equity. (Kissack v. Bourke, 224 Ill. 352.) The substance of the amended bill, to which the demurrer was sustained, will be found in the opinion then delivered. The agreement which it was sought to compel the specific performance of was as…
1Opinion of the CourtChief Justice Farmer
The original report of the master in chancery recommending a decree in favor of appellees set out the substance of the material testimony heard by him but was somewhat indefinite as to whether appellant, prior to the expiration of the sixty days limited by the written instrument, waived the right to forfeit it if riot performed by appellees within that time and expressly or impliedly agreed to an extension, as alleged in the bill. The original report recited the substance 'of the testimony offered by appellees upon this subject but did not definitely state what it proved. The cause was…
2Cases cited1 opinion
- McDavid v. SuttonIllinois Supreme Court · 1903
3Cited by2 opinions
- Nelson v. EstesAppellate Court of Illinois · 1987
- Gandhi v. BreckonAppellate Court of Illinois · 1981