Brink v. Steadman

Citations

• 70 Ill. 241

Syllabus

<p>1. Specific pebfobmanoe. A party can not have a specific performance of a contract, in equity, unless he can show he has performed it in all its parts, or can show a just excuse for non-performance; and the burden of proof is on the complainant to show his right to the relief he seeks, by a clear preponderance of evidence.</p> <p>2. Same—refused for laches. Where a party, seeking a specific performance of a contract, delays filing his bill for eight years, and the delay is unexplained by any equitable circumstances, he can have no relief.</p> <p>3. Forfeiture—in contract of purchase. If parties under no disabilities choose to contract for a forfeiture in the sale and purchase of land, in the absence of any fraud or improper practices on the part of the vendor, a court of equity can afford the vendee no relief against the same.</p>