Opinion
Gen. No. 42,645. (Abstract of Decision.)
Opinion filed June 30, 1944
FRAUDS, STATUTE OF, § 60 — when contract for purchase of leasehold interest within. In action seeking determination of plaintiff's rights arising out of alleged oral contract for purchase of leasehold interest, a complaint alleging that plaintiff had been bequeathed a one-third leasehold interest in an estate and that in order to compromise a threatened will contest, plaintiff had bought all the interest of contestant in leasehold and that the transaction was consummated by plaintiff making payment, which was receipted for by seller but that seller had died and bequeathed leasehold to another, held insufficient to remove contract from operation of statute of frauds, such leasehold, although agreed by parties to be personal property, being also an "interest in" land (Ill. Rev. Stat. 1941, ch. 3, par. 356; Jones Ill. Stats. Ann. 110.453).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. BENJAMIN P. EPSTEIN, Judge, presiding.
Judgment affirmed. Heard in the third division, first district, this court at the April term, 1943.
Wilhartz Hirsch, of Chicago, for appellant;
Samuel E. Hirsch, Julian H. Levi and William Ruger, all of Chicago, of counsel.
Madigan Thorsen, of Chicago, for appellee;
Robert Thorsen, of Chicago, of counsel.
Not to be published in full. Opinion filed June 30, 1944.