Hatch v. Kizer

Citations

• 140 Ill. 583
• 30 N.E. 605

Syllabus

<p>1. Specific pebfobmance—only compelled when its refusal ■unjust. The specific performance of á contract will not be unless the contract has been made with perfect fairness, and without misapprehension, misrepresentation or oppression, and is reasonable .and equitable. If wanting in any of these particulars, specific performance will not be granted. It is only where it would be unjust to refuse the relief sought, that a court of equity will assume jurisdiction. would be decreed</p> <p>2. Same—not granted where defendant is unable to perform, and is guilty of no fraud. Where a party, honestly believing that he is the •owner of real estate, makes a contract for its sale and conveyance, and it turns out that the title is in another, and the vendor is guilty of no fraud or misconduct, so that he can not perform on his part or require payment by the vendee, a court of equity will not, at the suit of the latter, decree a specific performance.</p> <p>3. Same—not granted on terms not expressed in the agreement. A ■court of equity will not specifically enforce a contract on terms not •expressed in the agreement.</p> <p>4. Same—not granted in case of failure of proof of performance by ■complainant. The failure of complainant in a bill for the specific performance of a contract for the sale of land, to show, by a clear and satisfactory preponderance of evidence, a performance of the contract on his part or that of his assignor, will prevent a decree in his favor.</p> <p>5. Same—laches of complainant. A purchaser of land filed his bill for the specific performance of the contract eight years after he was entitled to a deed, it appearing that he had filed a similar bill about seven years before, which he dismissed about the time of filing his last bill: Held, that his laches in suing, and in failing to prosecute his former-suit, was a bar to the relief sought.</p> <p>6. It is the settled doctrine that great delay of either party, unexplained, in not performing the terms of a c