Corbus v. Teed

Citations

• 69 Ill. 205

Syllabus

<p>1. Specific perfobmastce—tender of deed, whether to purchaser or Ms assignee. Where the purchaser of land assigns his contract for a deed before payment, and the assignee neglects to make the payments, atender of a conveyance preliminary to the filing of a bill for specific performance by the vendor, is properly made to the original purchaser.</p> <p>2. Same—in case of assignment ~by pwchaser. In case the purchaser of land assigns his contract to a third party, the assignee will have the right or option of completing the contract, and thereupon to insist upon a conveyance to himself; but the vendor can not compel him to perform, even though the assignee may have paid something on the contract, for the reason that there is no contract between them. The vendor, in such a case, must enforce the contract against the original vendee.</p> <p>' 3. Chancery—presumption as to sufficiency of proof . Where the court, in its decree in a suit in equity, finds that a deed was properly executed and tendered, and the certificate of evidence does not. purport to contain all the evidence, it will be presumed that the court heard proof sufficient to justify the finding, although it does not appear in the record.</p> <p>4. Tender—-formal objections waived. Where a deed is tendered of land sold, in pursuance of the contract, which is refused generally, it will be too late to object to the tender, on bill for specific performance, that the deed was executed by an attorney in fact of the vendor, and no power of attorney was shown, as it is an objection that could have been readily removed if made at the time.</p> <p>5. Chancery practice—taking answer as true. The statute which provides that the defendant’s answer shall be taken as true on hearing upon bill and answer, without replication, applies only to cases where a hearing is formally set or ordered on bill and answer. It does not apply to a hearing upon bill, answer and proofs, without any formal order for the same.</p> <p>6. Where