Iglehart v. Vail

Citations

• 73 Ill. 63

Syllabus

<p>1. Specific performance—lost by laches. Where a party seeking the specific performance of an agreement to convey land is guilty of great laches, having delayed asserting any rights under it for a period of nearly eleven years, during which time he paid no taxes on the property or asserted any ownership over it, hut suffered a subsequent purchaser, without actual notice of the claim, to improve the same and add greatly to its value, the unusual delay, unexplained by equitable circumstances, will bar any claim of relief in equity.</p> <p>2. Same—not granted when inequitable. The specific enforcement of contracts is always in the sound discretion of the court. It is not every contract that will be specifically enforced, especially if there is anything that makes it inequitable, courts will hesitate to do so. Where there is anything, by reason of the change of circumstances in regard to the property, that makes it unconscionable the party should have execution of the contract, a court of equity will withhold its aid.</p>