Opinion
Gen. No. 44,293. (Abstract of Decision.)
Opinion filed December 30, 1947 Released for publication January 28, 1948
SPECIFIC PERFORMANCE, § 42 — contract for exchange of real property. Plaintiff was entitled to specific performance of contract for exchange of his farm and personal property, including tractor, used in connection with farm for real estate of defendant, where 15 or 16 months after contract was signed by parties, and during pendency of suit for specific performance, plaintiff's tenant preparing to leave farm removed part of personal property to neighbors for safekeeping, which plaintiff approved upon learning thereof, and tenant without authority from plaintiff sold tractor which plaintiff, disapproving sale, repossessed from buyer.
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.
Decree affirmed. Heard in the second division, first district, this court at the October term, 1947.
Harry A. Biossat, for appellants;
Stevens Stevens, for appellee;
George M. Stevens, of counsel.
Not to be published in full. Opinion filed December 30, 1947; released for publication January 28, 1948.