Ditto v. Harding

Citations

• 73 Ill. 117

Syllabus

<p>1. Specific performance—will not be enforced in equity when party seeking it has delayed performance. Contracts with reference to the sale of lands must be performed or rescinded within a reasonable time, although time is not of the essence of the contract; and if a party has been guilty of any unreasonable delay on his part, that can not be explained consistently with good faith, equity will not enforce a specific performance.</p> <p>2. Where the vendor in a contract for the sale of land offers to perform on his part within the time named in the contract, and the purchaser has the means and ability to perform on his part but refuses to do so, and is informed that unless ho does so on or before the day for performance named in the contract, the vendor will not convey, and he still refuses to perform, without any reasonable excuse for so doing, and permits the time named in the contract to expire before offering to perform, he can not have a specific performance of the contract enforced in a court of equity.</p>