Hamilton v. Rook

Citations

• 62 Ill. 139

Syllabus

<p>1. Specific perfobmance—laches, excuse for. A purchased three eighty-acre tracts of land and a lot of two acres; and afterward being unable to pay, reconveyed to B, his grantor, two of the eighty tracts, and it was contended that he intended also to include in this conveyance the two-acre tract. He never paid the taxes afterward on it; but about six years afterward, by a verbal contract, sold it to C for §40, to be paid in rails. C took possession and built a house on it, and improved the same, and offered to make payment, and demanded a deed. A then informed him that the title was in B, and told him he must go to the latter for a deed, which he did, and took a bond for a deed. He then sold his interest to I), who sold to B. After this, A filed a bill against E to enjoin the removal of the building, and E filed a cross bill to reform the deed from A to B, by inserting therein the premises in dispute, and subsequently amended his bill, praying for specific performance of the verbal contract of sale to C, which was decreed by the circuit court upon payment of the purchase money due: Held, that the decree was proper, and that the conduct of A, in sending C to B for a deed, relieved C of all charge of laches, in abandoning his contract with A, and that E, under the circumstances, was not chargeable with laches.</p>