Kimball v. Tooke

Citations

• 64 Ill. 380

Syllabus

<p>1. Chancery—relief confined to causes stated in bill. Where the only ground set forth in a bill for the rescission of a contract for the sale of land, filed by the vendor, was the non-payment of the first installment, •and notice of forfeiture given in consequence thereof, and the proof showed atender of such installment before suit: Held] that relief could not be granted for the non-payment of the latter installments, and that defendants were only required to meet the case made by the bill.</p> <p>2. ITokeeiture—for non-payment of installment of purchase money. Where the vendor of land, under a contract containing clauses of forfeiture in case of non-payment, filed a bill to rescind the contract of sale on the ground that he had given the vendees notice of a forfeiture for nonpayment of the first installment, and the proof showed that the parties met on the day for payment, and the matter was postponed by mutual consent in order that certain incumbrances found upon the title might be explained or removed, and that the vendor failed to meet the vendees at the appointed time, or notice the subsequent offers of the vendees to proceed, but gave notice of a forfeiture, and that vendees made a tender of the amount before suit: Held, that the bill was properly dismissed without prejudice to the rights of the parties in any future suit for specific performance.</p>