Cloud v. Greasley

Citations

• 125 Ill. 313
• 17 N.E. 826

Syllabus

<p>1. Specific performance—as to land out of the State. Where the court has acquired jurisdiction of the person of the defendant, it may compel him to specifically perform his contract for the conveyance of land, although the land may lie in another State. The decree in such case will operate upon the person of the defendant.</p> <p>2. Statute of Frauds—verbal agreement to convey land. An oral agreement for the conveyance of land can not be enforced, either at law or in equity, when the objection that it is not in writing is made. The entire contract must be in writing, to satisfy the statute. It will not suffice that the greater part of it is in writing.</p> <p>3. A complainant wrote the defendant a proposition to furnish the materials and carpenter work for a house, for a conveyance of a tract of land by defendant. The latter replied, in writing, stating he could not accept the offer, but saying, if the former would do certain other things in addition to his offer, he would convey the land. Instead of accepting this offer in writing, complainant made a different offer, proposing to furnish, in addition, two thousand brick for the flues, and this last proposition was verbally accepted by the defendant: Held, that all that preceded the last offer, and its acceptance, were mere matters of treaty, and that the agreement to convey the land was within the Statute of Frauds.</p> <p>4. Same—performance to take case out of the statute. The mere doing of some work and furnishing some building material by the complainant for the defendant, pursuant to a verbal contract for the conveyance of land by the defendant, and the taking of possession of vacant land, without being put in possession by the defendant, is not a sufficient part performance to take the case out of the Statute of Frauds.</p> <p>5. Same—how availed of. Where it appears upon the face of a bill for specific performance that the agreement to convey is oral, the Statute of Frauds may be taken advantage of by dem