Barrett v. Geisinger

Citations

• 148 Ill. 98
• 35 N.E. 354

Syllabus

<p>1. Specific performance—Statute of Frauds—proof of the contract—its character. A contract which is sought to be specifically enforced must be clear, certain and unambiguous in its terms, and must be either admitted by the pleadings or proved with a reasonable degree of certainty. It is not sufficient to show that a contract of some kind exists between the parties, and that it has, in whole or in part, been performed by the complaining party, but all the material terms of the contract as alleged must be substantially proved or admitted.</p> <p>2. In the matter of a contract to convey land, in order to take a case out of the .Statute of Frauds, the contract must be clear and certain in its terms, and established by testimony of an undoubted character, which is clear, definite and unequivocal. It must leave no room for reasonable doubt.</p> <p>3. Same—part performance to take case out of the Statute of Frauds. The equitable rule that where there has been a partial performance the Statute of Frauds will not be held to apply, is adopted for the prevention of frauds, and when a purchaser of land, under an oral contract, has entered into possession under the contract, and paid the purchase money, and made valuable and permanent improvements, so that a refusal to perform the contract would operate as a fraud on him, the vendor will be held to be estopped to avail himself of the provisions of the statute, and the contract will be specifically enforced.</p> <p>4. The basis upon which the doctrine of partial performance rests is, that where a verbal contract has been made, and one party has knowingly aided or permitted the other to go on and do acts in part performance, in full reliance upon such agreement as a valid and binding contract, and which would not- have been done without the agreement, and are of such nature as to change the relations of the parties and to prevent a restoration of the premises to their former condition, or an adequate compensation for the loss by