Brix v. Ott

Citations

• 101 Ill. 70
• 1881 Ill. LEXIS 48

Syllabus

<p>1. Specific febfobmanoe—requisites of contract to authorize decree. To authorize the specific performance of a contract it must be complete, specific and certain, as well as fair and honest,—not the result of mistake,—• and must have been fully performed, or an ability and a readiness and an offer to perform, on the part of the party seeking its enforcement, must be shown.</p> <p>2. Same—part performance and readiness to perform essential. A part performance at least, with a readiness to perform the remainder, on the part of the compiainant, is indispensable to authorize the specific enforcement- óf a contract.'</p> <p>31 OóNTBACT-^Tieíi void for want of certainty in description. A contract was as follows: “This is to certify to an agreement between D. B. and myself, that he is to bid -off the land now advertised by myself, and sold on Monday next, and give up same on following terms, namely: to have two acres at spring, each side of spring, one to make a square; and also to have use of surplus water flowing from springs west of road; and two acres south of spring on hill, to be used for waterworks,- and to be in my use until he needs it,” signed “A. H. Ott” and “ D. Brix, M. D.,”—when the facts were that Ott had never advertised the same for sale, but it was advertised for sale by another person for a debt due one’Y, under a trust deed, and it appeared there were several springs on the land advertised, and that Brix failed to bid off such land, when it was struck off to Ott: Held, the contract was too vague and uncertain, both as to the land out of which the parcels were to be taken and retained, and as to their location and shape or form, to be specifically enforced.</p> <p>4. Tendeb—what it fldmits. A-tender of any kind is-only an admission to its extent, and no further. When made it only admits the fact of the tender, with all of the conditions, limitations and terms at the time' imposed. Therefore the tender of a deed for land or interest therein binds the p