Cronk v. Trumble

Citations

• 66 Ill. 428

Syllabus

<p>1. Estoppel—admission that a contract is correctly set out in plead- ■ inga. Where a defendant, of full age, by the pleadings expressly or by H implication assents to the execution of a contract as set out in the bill, the court may give effect to such consent by its decree, and such defendant will not be permitted to retract the assent upon error, or insist the contract was not as set out.</p> <p>3. Statute of frauds—what performance will take the ease out of the statute. Where a father had agreed orally with his son to give him his farm, on his agreement to support his father and mother during their ^B lives, and pay his father’s debts and certain sums to his brothers and sis- ^B ters, and there was nothing to take the case out of the Statute of Frauds ^B except the mere payment of a part that was to be paid to his co-heirs, the ^B support of the parents for a short time, and possession, not exclusive, but ^B that of a son in connection with his father, and where the son had made ^B no improvements on the land: Held, that such partial payment of the consideration and such sort of possession was not a sufficient part performance to take the case out of the Statute of Frauds.</p> <p>3. Specific performance—complainant must Time fully performed on his pa/i't before filing his bill. It is the established rule of this court that a purchaser of land has no right to apply to a court of chancery to compel a conveyance, unless he has, previously to filing his bill, clothed himself with the right to demand a deed without any further thing being done on his part. 1</p> <p>4. Where the complainant had entered into a contract with his father, by which he agreed to support his father and mother during their lives, pay all debts owing by the former at his death, and pay certain specified sums to certain of his co-heirs, in consideration of which he was to become the owner of the farm on which he then, resided with his father; and it appeared that at the time of the filing of