Bowman v. Cunningham

Citations

• 78 Ill. 48

Syllabus

<p>1. Specific fbbformance—addressed to the sound discretion of the court. An application for the specific performance of a contract is addressed to the sound legal discretion of the court; and even where a legal contract is shown to exist, it will not be decreed as a matter of course.</p> <p>3. Same—contract must he certain and fair. As a general rule, courts of equity will decree a specific performance where the contract is in writing, and is certain and is fair in all its parts, and is based upon an adequate consideration, and is capable of being performed, but otherwise not.</p> <p>3. If the contract is not certain, and it is not clear, from the evidence, that the exact terms thereof were agreed upon and understood by the parties, and the contract is not fair in all its parts, it will not be specifically enforced.</p> <p>4. Same—of contract, where the party's right grows out of a prior champertous agreement. A court of equity will not lend its aid to decree the specific performance of one contract which grows directly out of another, which is illegal, immoral, or tainted with champerty.</p> <p>5. Same—of contract rescinded. If, after the making of a written contract, a dispute arises as to its terms, etc., and the complainant proposes to set aside the entire negotiations, and for the surrender of all papers held by either party, which is accepted by the other party, the complainant can not have a decree for the specific performance of the contract thus rescinded.</p>