Kerfoot v. Breckenridge

Citations

• 87 Ill. 205

Syllabus

<p>1. Specific performance—contract to take back properly sold. If a party, in selling real estate in a city, guarantees that a certain street will be extended and opened through the property within two years, and agrees, if such street is not opened within that time, on a reconveyance by the purchaser, to refund the money paid for the same, with ten per cent interest, a court of equity will specifically enforce the contract against the vendor, on a tender of a proper deed to him.</p> <p>2. Contract—guaranty of opening a street. A written guaranty that a certain street shall be extended and opened through certain lands sold and conveyed, within two years, is not kept merely by the institution of proceedings to condemn the ground for the street, and the assessment of benefits, within such period, such proceedings being liable to be abandoned before the opening of the street.</p> <p>3. Chancery jurisdiction — although there he a remedy at law. A court of equity has jurisdiction to specifically enforce a contract by which the vendor of land agrees to take back the land conveyed and refund the purchase money, with interest, if a certain expected public improvement is not made within a given time, although the other, party may have a remedy at law to recover damages for a breach of the guaranty in respect to such improvement.</p>