Estes v. Furlong

Citations

• 59 Ill. 298

Syllabus

<p>1. Bill for specific performance—contract to sett land. Where one party agrees to sell another a piece of land, at a stipulated price per acre, on Avhicli a sum of money is paid, and the vendor gives to the vendee thirty days preference to buy, one half of the price down and the balance payable within one year, Avith eight per cent interest, and, in addition thereto, to pa3 a fair valuation for the dwelling house and stables on the premises, at the time the purchaser should want possession, which he could have at any time within sixty days after the first pa3'ment, and the written offer to thus sell was executed and delivered to the purchaser: Held, that the payment, when the written offer to sell was executed, was a payment on the purchase.</p> <p>2. That this writing was sufficiently clear and explicit in its terms to constitute, when accepted, a binding agreement to sell the land.</p> <p>3. Condemnation op the land fob pabk purposes—no change in the rights of parties. Notwithstanding a law was passed four days after the agreement, authorizing commissioners to condemn lands for park purposes, and after the bill was filed for a specific performance of the agreement, the land was so condemned, and valued at double the price at which the offer was made to sell, and as the purchaser elected to take the land, and had tendered the money, and by agreement the appraisement put on the house and stabling by the commissioners was stipulated to be taken for the purposes of the suit, and their value paid to the owner, and they conveyed to the commissioners, and $5100 of the condemnation money was also paid to him, and $4900, the residue, it was agreed should abide the event of the litigation: Held, that these transactions did not affect the rights of the purchaser.</p> <p>4. Contract—unilateral. When a contract is in anywise unilateral, the court wfill regard any delay on the part of the purchaser with especial strictness, and will exercise its discretion with great care, b