Bryson v. Crawford

Citations

• 68 Ill. 362

Syllabus

<p>1. Vendor and vendee—right of vendee to recover baek payments. ¡Where the plaintiff purchased land to be paid for in installments with interest, and was to receive a deed upon making payment of the second installment, giving his note secured by mortgage upon the premises for the balance then due, and time was made of the essence of the contract, and it providing that on failure to make any payment when due, the vendor might declare the same forfeited, together with all payments, upon giving ten days’ notice thereof in writing, and the vendee being in default as to the second payment, a forfeiture was declared pursuant to notice, and the vendee leased the land of the vendor, there being no tender of any deed before the declaration of forfeiture: Held, in a suit by the vendee to recover back the purchase money paid, on the ground of a rescission of the contract, that the vendor was not bound to tender a deed before declaring the forfeiture, and that the action would not lie'.</p> <p>3. The only cases in which the purchaser of real estate is entitled to recover back the money he has paid on the contract of purchase are: 1st, where the contract has been rescinded by mutual consent and agreement of the parties; 3d, where the vendor is unable or unwilling to perform the contract on his part; and 3d, where the vendor has been guilty of fraud in making the contract.</p> <p>3. Same—where sale is forfeited purchaser can not recover back payments. Where a contract of sale of real estate has been declared forfeited pursuant to its own terms, on account of the default of the purchaser in making further payments, he is not entitled to recover back what he has paid.</p> <p>4. Change of venue—negligence in applying for. Where an application for a change of venue was not made until the first day of a term of the court, and the petition stated that a knowledge of the cause on which the application was based, did not come to the applicant until since the last term of the court, whi