{
  "id": 2836896,
  "name": "Mary A. Felgar, Executrix, for use of H. H. Felgar, Plaintiff in Error, v. John L. Bolen, Defendant in Error",
  "name_abbreviation": "Felgar ex rel. Felgar v. Bolen",
  "decision_date": "1913-11-21",
  "docket_number": "Gen. No. 18,040",
  "first_page": "284",
  "last_page": "285",
  "citations": [
    {
      "type": "official",
      "cite": "183 Ill. App. 284"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 2331,
    "ocr_confidence": 0.54,
    "sha256": "2720021b37d491c549380579edbb7aabbf068ed6cc14212131d1ad8c2048c7d8",
    "simhash": "1:1ff88c9d980c9bda",
    "word_count": 407
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  "last_updated": "2023-07-14T19:57:27.806602+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Mary A. Felgar, Executrix, for use of H. H. Felgar, Plaintiff in Error, v. John L. Bolen, Defendant in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Baume\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Baume"
      }
    ],
    "attorneys": [
      "Harry H. Felgar, for plaintiff in error.",
      "Park Phipps, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Mary A. Felgar, Executrix, for use of H. H. Felgar, Plaintiff in Error, v. John L. Bolen, Defendant in Error.\nGen. No. 18,040.\n(Not to he reported in full.)\nError to the Municipal Court of Chicago; the Hon. William N. Gemmill, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1912.\nAffirmed.\nOpinion filed November 21, 1913.\nAbstract of the Decision.\n1. Vendor and purchaser, \u00a7 159 \u2014interest acquired, By purchaser. From the time of a contract for the sale of land the vendor, as to the land, becomes a trustee for the vendee and the vendee, as to the purchase money, a trustee for the vendor, who has a lien upon the land therefor; when the vendee has fully performed or has tendered full performance, he has an equitable title to the property described in the contract.\n2. Executors and administrators, \u00a7 122 \u2014when executrix cannot rescind contract for sale of land. \"Where a vendee has performed or tendered performance of a contract for the sale of land, his executrix has no such interest in the subject-matter of the contract as will permit her to rescind it and maintain an action to recover damages for its breach as the vendor\u2019s rights under the contract pass to his heirs at law, and not to his personal representative.\n3. Vendor and purchaser, \u00a7 114 \u2014when contract of sale is merged in conveyance. Where a contract for the sale of .land requires the vendor to furnish an abstract of title and a title guaranty policy, the vendee\u2019s demand for and acceptance of all the land operates to extinguish the contract and merge it in the conveyance, and an action cannot be maintained by the vendee, his personal representatives or assigns to recover damages for a breach of the contract.\nStatement of the Case.\nAction by Mary A. Felgar, as executrix of the estate of William H. Felgar, for the use of H. H. Felgar, against John H. Bolen and Edmond S. Holmstrom to recover damages for the breach of a written contract for the conveyance of land. From a judgment in favor of the defendant Bolen, the case having been voluntarily dismissed as to the defendant Holmstrom, the plaintiff bring\u2019s error.\nHarry H. Felgar, for plaintiff in error.\nPark Phipps, for defendant in error.\nSee Illinois Notes Digest, Vols. XI to XIV, same topic and section number."
  },
  "file_name": "0284-01",
  "first_page_order": 306,
  "last_page_order": 307
}