Fish v. Leser

Citations

• 69 Ill. 394

Syllabus

<p>1. Specific performance—matter of discretion. Courts of equity will not always enforce the specific performance of a contract. Such applications are addressed to the sound legal discretion of the court, and the court will be governed, to a great extent, by the facts and merits of each case, as it is presented.</p> <p>2. Same—not granted when inequitable. Specific performance will not he enforced unless the contract has been entered into with perfect fairness, and without misapprehension, misrepresentation or oppression, or where it will he unjust or inequitable to do so.</p> <p>3. Where the owner of a city lot, being weak-minded, unacquainted with business matters, and understanding the English language imperfectly, was induced, by frequent solicitations, to sign a paper authorizing one claiming to act as his agent to sell the same for a certain price, and important facts, having a bearing upon the value of the property, were concealed from him, and the property, then worth §30,000, was sold for §21,000, and it also appeared that the person acting ps his agent was also agent for the buyer, and working in his interest: Held, that as the contract was not entered into with perfect fairness, and without misapprehension, and was unjust and inequitable, a court of equity would not enforce its specific performance.</p> <p>4. Contract—where agent mnhing sale is agent for buyer, the contract is voidable in equity. Where an agent employed to sell property sells the same to a purchaser for whom he is acting as agent in effecting the purchase, the seller, in equity, may avoid the contract.</p>