Dintleman v. Gilbert

Citations

• 140 Ill. 597

Syllabus

<p>1. Estoppel—to enforce contract to convey, where complainant has been a party to adverse conveyance. Where a person is a party to an arrangement by which his debt is paid by the conveyance of a tract of land to his creditor, he and his heirs will be estopped from specifically enforcing a contract of the grantor to devise the same land to him, and thus defeat the payment of his debt.</p> <p>2. Specific performance—addressed to the sound legal discretion of the court. A court of equity will not always enforce the specific performance of a contract. Application for a specific performance is addressed to the sound legal discretion of the court, and will not be granted if there is anything which makes it unconscionable for equity to lend its aid. A party asking equity must do equity, or at least offer to do equity.</p>