Hoyt v. Tuxbury

Citations

• 70 Ill. 331

Syllabus

<p>1. Agency—ratification of sale made without authority. Although, an agent contracts for the sale of land without sufficient authority from the owner, yet, if the latter, through another agent duly authorized, ratifies the same, and makes a tender of a conveyance in pursuance of such contract, it will be binding on him.</p> <p>3. Specific performance—objections to title as an excuse for delay in performing contract to pwehase. Where there was a judgment of record against a former owner of a tract of land sold, but which was in fact satisfied, though the satisfaction not entered of record, and a third party was in possession of a part of the land as a mere squatter, and the purchaser, when tendered a deed, refused to accept the same and comply on his part for the reasons stated, it was held, on bill by the purchaser, afterwards filed, for a specific performance, that, if the objections to the title were well founded and urged in good faith, the purchaser was excusable for not performing at the time of the tender, but if they were urged in bad faith, he could not be excused for the delay occasioned in the performance on his part.</p> <p>3. A purchaser of real estate can not be compelled to take a doubtful title, which may expose him to the expense and hazard of litigation.</p> <p>4. Same—not a matter of right. A party can not, as a matter of right, call upon a court of equity to specifically enforce the performance of a contract, but the exercise of the power rests in the sound discretion of the court, in view of the terms of the contract and the surrounding circumstances.</p> <p>5. Same—poriy ashing, must show his readiness to perform. A party seeking the specific performance of a contract for the sale of land, must show that he has always been ready, willing and eager to perform on his part.</p> <p>6. Same—delay in accepting the title offered. Where the purchaser of land has an option to avoid the contract for objections to the title, any delay in deciding whether