Allison v. Beatty

Full title: I. Allison et al., Appellants, v. R. J. Beatty and John T. Beatty…

Court: Appellate Court of Illinois, First District

Date published: Dec 5, 1939

302 Ill. App. 412 (Ill. App. Ct. 1939)

24 N.E.2d 193

Opinion

Gen. No. 39,443. (Abstract of Decision.)

Opinion filed December 5, 1939.

SPECIFIC PERFORMANCE, § 28^_ — subject matter, insufficiency of pleadings and proof to show existence of. Where plaintiffs allegedly contracted to sell certain radio and talking machine improvements and patent applications, defendants to pay cash, give notes, stock and stock repurchase agreements, lower court properly found plaintiffs were not entitled to specific performance, where existence of subject matter of contract and application for patent on same was not alleged and proved.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Cook county; Hon. STANLEY H. KLARKOWSKI, presiding. Affirmed. Heard in second division, first district, at April term, 1937; opinion filed December 5, 1939.

Slottow Leviton and Castle, Osborn Hallett, for appellants; Charles Leviton, Harper E. Osborn and Albert E. Hallett, Jr., of counsel; Zane, Morse, Zimmerman Norman and Edward G. Woods, for appellees; Edward A. Zimmerman and Edward G. Woods, of counsel.

Opinion by PRESIDING JUSTICE JOHN J. SULLIVAN.

"Not to be published in full."