Gosse v. Jones

Citations

• 73 Ill. 508

Syllabus

<p>1. Specific perfobmakoe—not decreed as of course. Applications to a court of equity to enforce a specific performance of a contract are addressed to the sound legal discretion of the court, and will not be decreed as a matter of course, merely because a legal contract is shown to exist.</p> <p>2. If a contract is vague and uncertain, or the evidence to establish it is insufficient, a specific performance will not be enforced.</p> <p>3. Where a contract for the sale of land rests in parol, it must clearly appear that a contract of sale has been made, its terms must be clearly proved, and it must appear that they had been relied on and performed by the party seeking the enforcement of the contract, in order to entitle him to a decree for specific performance.</p>