Gorham v. Dodge

Citations

• 122 Ill. 528
• 14 N.E. 44

Syllabus

<p>1. Statute of Fraud s—p arol agreement to convey land—performance ía^6 a case owi °f ®'6 statute. In case of a parol purchase of land, where *ke purchase money has been paid, possession given to the purchaser, and he enters under the contract, and makes lasting and valuable improvements, a specific performance will be enforced, although the Statute of Frauds may he pleaded.</p> <p>2. Same—taking possession, as an element in performance. Full payment of the purchase money for real estate verbally agreed to be conveyed, is not, of itself, sufficient to take the agreement out of the Statute of Frauds. Possession must also be taken under the contract.</p> <p>3. An aged mother offered to give her daughter her homestead if the latter would come there and live with her as long as she lived, the mother to furnish the home, provide for the house, and bear all the expenses, so that the daughter should be at none whatever. Under this offer they both went to the homestead, where they lived until the mother’s death, the daughter paying no taxes and making no improvements: Field, that the daughter did not thereby acquire possession of the property, during the mother’s life, so as to take the case out of the Statute of Frauds.</p> <p>4. Specific performance — of the performance by complainant. A mother, of advanced years and in feeble health, made a verbal agreement, in May, with her daughter, to give her a house and lot at the death of the former if the latter would come to her house and live with her until her death, and care for her. The daughter did nothing until in October, and during the last sickness of the mother, in January, following, absented herself for two weeks and three days before the mother’s death, leaving no one to take care of her, and her son, on being notified of the fact, employed a nurse for her: Held, that this was not such a performance of the contract on the part of the daughter, as would call upon a court of equity to enforce it.</p> <p>5. Wrro—takin