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Kiesler v Kiesler

Appellate Court of Illinois
Apr 12, 1948
334 Ill. App. 104 (Ill. App. Ct. 1948)

Opinion

Gen. No. 44,171. (Abstract of Decision.)

Opinion filed April 12, 1948. Rehearing denied April 23, 1948. Released for publication April 23, 1948.

FRAUDS, STATUTE OF, § 67insufficiency of stock-purchase contract. Where plaintiff's obligation under an arrangement for buying defendants' stock in family-owned corporations for $68,500 rested upon plaintiff's written acceptance of defendants' proposition transmitted over telephone, and neither this proposition nor any memorandum thereof was ever reduced to writing, signed by defendants, or their agent, the proposition was unenforceable in view of statute of frauds, and plaintiff should not have been granted decree for specific performance (Ill. Rev. Stat. 1945, ch. 121 1/2, par. 4; Jones Ill. Stats. Ann. 121.08).

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

Appeal from the Circuit Court of Cook county; the Hon. PHILIP J. FINNEGAN, Judge, presiding.

Reversed. Heard in the first division, first district, this court at the October term, 1947.

Charles Leviton and Jerome H. Leviton, for appellants;

Edward W. Parlee, Edgar A. Jonas and Frederick C. Jonas, for appellee.


Not to be published in full. Opinion filed April 12, 1948; rehearing denied April 23, 1948; released for publication April 23, 1948.


Summaries of

Kiesler v Kiesler

Appellate Court of Illinois
Apr 12, 1948
334 Ill. App. 104 (Ill. App. Ct. 1948)
Case details for

Kiesler v Kiesler

Case Details

Full title:Edward C. Kiesler, Appellee, v. Joseph B. Kiesler et al., Appellants

Court:Appellate Court of Illinois

Date published: Apr 12, 1948

Citations

334 Ill. App. 104 (Ill. App. Ct. 1948)
78 N.E.2d 659