Hedenberg v. Jones

Citations

• 73 Ill. 149

Syllabus

<p>1. Specific performance—not decreed where there is great laches. Where a party is guilty of great laches in the performance, or offer to perform, liis part of a contract, without any excuse therefor, he is not in a position to invoke the aid of a court of equity to compel a specific performance by the other .party.</p> <p>2. Where the vendor of land,by a contract, under which the payment of the purchase money and the delivery of the deed were to be concurrent, tendered a deed to the vendee, at the proper time, and demanded payment, ■which was refused, and no offer of payment was ever made until four years afterwards, itwas held, that there was such laches as to prevent a court of equity from decreeing a specific performance of the contract in favor of the vendee or his assignee.</p> <p>3. Same—in fmor of assignees. The vendor in a contract for the sale of land is not required to hunt up the assignees of his vendee to tender a deed. It is sufficient if he tenders it to the vendee; and if the contract is assigned, it is the duly of the assignees to make demand of the vendor for a conveyance within a reasonable time, and if they fail to do so, they will not be entitled to the aid of a court of equity to enforce a specific performance.</p>