Kaufman v. Cook

Citations

• 114 Ill. 11
• 28 N.E. 378

Syllabus

<p>1. Specific performance—of a verbal promise to procure title and convey land—Statute of Frauds—making improvements without possession under the contract. A person obtained a lease of a tract of land, and put his niece in possession thereof, under a verbal promise that if he succeeded in acquiring the title thereto he would give the same to her. She made some valuable improvements on the same, but it was held, that as she did not enter into possession under the agreement to convey, being a mere tenant at sufferance, the Statute of Frauds, which was interposed, was a bar to a bill to compel a conveyance from the promisor.</p> <p>2. A vendor who, for a valuable consideration, enters into a verbal contract for the sale of premises to which he has no title, and who subsequently acquires the title, will be bound to specifically perform his contract when the purchaser has taken possession under it, and made valuable improvements thereon,—but not where he had no title when the possession was taken, and his promise was without consideration.</p> <p>3. The possession of real estate must be taken under the contract of purchase, or agreement to give the same, to take the case out of the Statute of Frauds, and not be taken as a mere tenant. The entry must be under a binding contract, with one having title either in possession or expectancy.</p> <p>4. Tenancy at sufferance—what so regarded. Where one having no title to premises leases the same from the owner, and puts another in possession thereof under a promise to give to the latter the property in case he can acquire the title, .the person so put into possession will occupy the position of merely a tenant at sufferance of the party having the leasehold interest.</p>