Chicago & Eastern Illinois Railroad v. Hay

Citations

• 119 Ill. 507
• 10 N.E. 34

Syllabus

<p>Specific performance—as against assignee of the parly malting the contract. The holder of a contract for a conveyance of land made a contract with a railway company, whereby he agreed to convey to the latter a right of way over the land, on conditions fully performed. He paid all the purchase money except $70, and then assigned .his contract of purchase to his wife, she paying nothing therefor, except the $70 to the vendor, and received a deed for the land. ' It appeared that the land outside of the right of way was worth more than the sum paid by the wife: Held, on bill by the railway company for a specific performance of the contract of the husband, that the wife stood in no better position than the husband would, in regard to the rights of the company.</p>