Hanna v. Ratekin

Citations

• 43 Ill. 462

Syllabus

<p>1. Tendee.—when formal not necessary. Appellee went to appellant’s house to pay a note in legal tender notes. Appellant declared, that he would take nothing but gold or silver,—held, that appellant waived a formal tender. Wynkoop v. Cowing, 31 Ill. 588.</p> <p>3. Specific performance — laches — waiver of strict' performance. Where time was not made the essence of a contract, and there was an offer to perform in a few days after maturity, and a refusal to accept anything but gold or silver, — held, that the party whose duty it was to perform was not chargeable with laches, and even if time had been made of the essence of the contract, the refusal waived a strict performance.</p> <p>8. Decree — how impeached. A decree cannot be impeached by affidavits alone, unaccompanied by a bill filed for that specific purpose.</p> <p>4. Chancery — affirmative relief. To entitle a defendant to affirmative relief he must file a cross-bill.</p>