Stampoffski v. Hooper

Citations

• 75 Ill. 241

Syllabus

<p>1. Delivery—for special purpose on condition of payment. Where a party executed an agreement to a married woman for the conveyance of an undivided half of certain real estate, for the expressed consideration of $1500, and delivered the same to her husband, on his assurance that he would pay the $1500 therein specified, for the purpose of enabling him to raise the money, and that if the money was not raised he would return the same: Held, that the payment was a condition to the taking effect of the agreement, and that a delivery for all purposes was never intended.</p> <p>2. Parties plaintiff — in suit on written agreement. On an agreement to convey real estate to a married woman, in which her husband is not named as a party, suit must be brought in the name of the wife alone, and no recovery can be had in a suit thereon brought in the names of. both husband and wife.</p>