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GOULD v. STELTER

No. 34603.

14 Ill.2d 376 (1958)

152 N.E.2d 869

ROSE GOULD et al., Appellants, v. NORMAN W. STELTER et al., Appellees.

Supreme Court of Illinois.

Opinion filed September 18, 1958.

Attorney(s) appearing for the Case

KIRKLAND, FLEMING, GREEN, MARTIN & ELLIS, and CHARLES PRESSMAN, both of Chicago, (VERNON M. WELSH, and FRANK L. WINTER, of counsel,) for appellants.

WILLIAM M. GIBBONS, NICHOLAS S. LIMPERIS, JOHN D. DEFEO, and ANTHONY SCARIANO, all of Chicago, for appellees.

Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

The primary question in this case is the extent to which the doctrine of mutuality of remedy in specific performance cases survives today.

The case is before us on the pleadings. The amended complaint for specific performance contains two counts. Count 1 alleges that Rose Gould, the plaintiff, entered into a written contract whereby...

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