Humphrey v. Clement

Citations

• 44 Ill. 299

Syllabus

<p>1. Contract payable in gold—construction of a contract. A contract for the payment of a certain sum of money “ in gold,” may be discharged by the payment of the same sum in legal tender notes. This rule applies as well in a suit in equity for a specific performance, as in an action at law upon the contract.</p> <p>3. Chancery—specific performance—of the decree prodding against a contingent right of dower. In a proceeding to compel the specific performance of a contract for the sale and conveyance of land, the court decreed a conveyance,. upon payment by the purchaser of §880, the amount due on the contract, and that in case the wife of the defendant should refuse to join in the deed, the purchaser might retain §350 out of the purchase money. Held, that this provision in the decree, authorizing the purchaser to retain §350 out of the purchase money, as an indemnity against the contingent right of dower, was erroneous, there being no grounds upon which to base such judicial action.</p> <p>3. Contracts—for the conveyance of lands—what must contain — to gu-arrd against this contingency. A contract for the sale and conveyance of lands in order to protect the purchaser against the consequences resulting from a refusal of the wife of the vendor to join in the deed, should specify what proportion of the purchase money he may retain, in the event the wife should refuse to release dower.</p>