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Miles v. Graham

AUGUST 16, 1972.

HERBERT MILES ET AL., PLAINTIFFS-APPELLANTS, CROSS-APPELLEES,

v.

MARY E. GRAHAM, ADMR. OF THE ESTATE OF PATRICK LAWRENCE QUAID, DECEASED, ET AL., DEFENDANTS-APPELLEES, CROSS-APPELLANTS.



APPEAL from the Circuit Court of McLean County; the Hon. WALTER A. YODER, Judge, presiding.

MR. PRESIDING JUSTICE TRAPP DELIVERED THE OPINION OF THE COURT:

Plaintiffs appeal from a decree denying specific performance of an alleged contract for the conveyance of real estate. The defendant administrator cross-appeals from a money judgment in favor of the plaintiffs in the sum of $9489.20.

Plaintiffs produced a document, identified as Exhibit A, which purported to be a carbon copy of a document signed by Patrick L. Quaid in words as follows:

"Jan. 1952 Dec. 1957

Contract and Agreement

To Herbert and Marie Miles from Lawrence Quaid

For $12,000 total amount to be paid from Jan. 1, 1952 with Final Payment to be made on or before Dec. 31, 1957, $12,000, for real estate in McLean Co., Illinois

West 278 S.W. 29 SE 22 5-E-40 acres more or less L____

Total amount received and accounted for as Final payment of $12,000 This Day, Sat. Dec. 28, 1957. Title and Abst. due Herbert and Marie Miles.

Address, LeRoy, Ill. R.R. Signed Lawrence Quaid.

December 28, 1957"

It is said that the first part of the document was written in January, 1952, but the latter part concerning the amount received and the purported signature were written in December, 1958, with the same pencil upon pages of a stenographic spiral notebook.

• 1 No memorandum opinion was prepared by the trial court, but the decree contains the finding that the plaintiffs have failed to prove that they are entitled to specific performance in the execution and delivery of a deed. In Pope v. Speiser, 7 Ill.2d 231, p. 242, 130 N.E.2d 507, at 512, the rule is stated:

"To justify a decree for specific performance of an oral contract to convey or devise real estate, the proof of the contract must be clear, conclusive and so convincing as to leave no reasonable doubt in the mind of the court and it must be made to appear that the ...


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