Cusey v. Hall

Citations

• 81 Ill. 160

Syllabus

<p>1. Specific performance—of parol contract, discretionary. A specific performance of a parol contract for the conveyance of land can not be claimed as a matter of right in either party, but is a matter resting in the sound and reasonable discretion of the court, under the circumstances of each particular case.</p> <p>2. Where two sons entered upon a tract of land belonging to their father, and divided the same among themselves, and one having bought his brother’s equitable right to a portion, on his death bed requested his father to convey the legal title of the same to his wife and infant daughter, which was done, it was held, on bill by the daughter and her husband, for a specific performance of a prior parol understanding, by which to vest the whole in the daughter, there being no equitable circumstances shown, the relief was properly refused.</p>