Hamilton v. Harvey

Citations

• 121 Ill. 469
• 13 N.E. 210

Syllabus

<p>1. Specific performance—generally. Courts of equity will decree a specific performance when the contract is in writing, and is certain, and is fair in all its parts, and is for an adequate consideration, and is capable of being performed, but not otherwise.</p> <p>2. Same—of the certainty required in contract—as, in matter of description. A contract must be reasonably certain as to its subject matter, its stipulations, its purposes, its parties, and the circumstances under which it was made, to be specifically enforced in equity. If land is the subject matter, it should be so described as to leave no uncertainty as to its quantity, shape and location, without a resort to parol evidence.</p> <p>3. A land owner being desirous of leasing manufacturing buildings held by him, and obtaining the location of a factory in the vicinity, whereby to add value to other lands owned by him, proposed, in writing, to a real estate broker, as follows: “Will allow you as commission for said location, one-third interest in five acres, located near said works:” Held, that the description of the five acres was too vague and uncertain to justify a decree for specific performance, and this being patent, could not be explained by parol testimony.</p> <p>4. Same—of the character of performance required—a contract construed. An owner of a tract of land being desirous of enhancing the value of his other lands in the vicinity, being about twenty-seven acres laid out in blocks, etc., made this agreement with a real estate broker: “Mr. W. R. H.: Dear Sir—I hereby agree to lease my building at Pacific Junction, known as * *. * at $100 per month for first year, or the privilege hereafter of buying, if they choose, at $10,000; or if building should not be suitable, will donate two hundred feet square along the railroad for company to build on. Will allow you, as commission for said location, one-third interest in five acres, located near said.works.—I. R. H.” The agent effected a temporary lease