Harrison v. Polar Star Lodge No. 652

Citations

• 116 Ill. 279
• 5 N.E. 543

Syllabus

<p>1. Statute of Frauds—parol agreement to convey lot—performance to take a case out of the statute. The owner of lots in a town laid out by him, verbally agreed with a lodge to convey to it one of the lots in consideration it would remove a building owned by it, and_ put the same on such lot, which was done at a cost of $150, and the lodge made other valuable improvements on the premises: Held, that the verbal agreement was not void under the Statute of Frauds, there having been full performance on the part of the purchaser.</p> <p>2. Specific performance—whether enforced—generally. A suit for the specific performance of a contract to convey land is addressed to the sound legal discretion of the court, and the court will be governed to a great extent by the facts of each case. Equity will withhold its aid if there is anything that makes it unconscionable, from change of circumstances, lapse of time, or otherwise, that the party should have an execution of his agreement.</p> <p>3. Same—in case of a new contract changing the rights of the parties. A masonic lodge, being entitled to a deed for a lot verbally given it in consideration of its putting a building thereon, procured the holder of the legal title, the vendor, to make an advance of $459 to satisfy a debt it owed, and agreed, if he would pay the debt, to give him possession of the lot and all the buildings thereon, except the lodge room in the second story, and retain the title as security for the money so advanced, reserving a right to redeem by paying him the sum advanced, by a day named; and it was agreed that if payment was not made by that day, then the lot and buildings should be the property of the original vendor; Held, that by this agreement the equities of the parties were changed, and the contract to convey rescinded, and it would not be specifically enforced.</p> <p>4. Bescission of contract—by novation. Where the parties to a contract come to fresh agreement of such a kind that both can not stand