Fleming v. Carter

Citations

• 87 Ill. 565

Syllabus

<p>1. Specific performance—sufficiency of contract. Where the complainant agreed for the purchase of a piece of land with one who only held a bond for a deed of this and other lands, the deed to be made upon full payment by him, if the defendant, the original vendor, would make a deed to him for such part, and the latter told complainant to make the purchase, and, on payment to his vendee of the purchase money within one year, he would make him a warranty deed, on the faith of which he bought and paid for the land, took immediate possession and made valuable improvements thereon, it was held, that complainant was entitled to a specific performance of the contract on the part of the defendant, and that the contract was sufficiently definite in its terms, and that the case was not affected by the Statute of Frauds.</p> <p>2. Consideration—payment of money to another. Where the defendant, who had given a bond for a deed to a purchaser of land, to be made upon payment of the price, agreed with the complainant to convey to him a small portion of the land, severed from the main body by a railroad, upon his paying his vendee the price of $10 per acre for the same in one year, it was held, that the payment of such price to the intermediate vendee was a sufficient consideration to support the defendant’s agreement to convey, whether the defendant ever received the money paid or not.</p>