Koch v. National Union Building Ass'n

Citations

• 137 Ill. 497
• 27 N.E. 530

Syllabus

<p>1. Statute of Fbauds—performance, to take a case out of the statute. The acts of performance relied on to take a case out of the Statute of Frauds must be done under the contract sought to be enforced. It must appear that the acts relied on as part performance were done under the contract itself, and for the purpose of performing it, otherwise they will not operate to defeat the operation of the statute.</p> <p>2. The mere possession of premises by a tenant, continued after the expiration of his term, is not a sufficient part performance of a verbal contract to renew the lease or convey the land, because such possession may be as reasonably and naturally explained by his holding over as by an agreement to renew or convey.</p> <p>3. Same—former decision distinguished. The case of Morrison v. Herrick, 130 Ill. 631, is unlike this case. There the tenant, just before the expiration of his term, made expensive improvements upon the leased property, which no one could reasonably presume any one would have made under the original- lease. It also appeared that on the day the new lease was to take effect, the landlord tendered a lease for one year-only, which was not accepted, because not for the time agreed upon, and that the landlord apologized, saying the lease was the mistake of his clerk. The facts there showed performance, and the expenditure of a large sum of money under and on the faith of the parol agreement.</p> <p>A. Specific pebfobmakce—certainty of contract. To entitle a party to the specific performance of a contract, it must be so certain and unambiguous in its terms and in all its parts as that the court can require the specific thing contracted to be done. Performance can only be decreed when the contract is clearly and satisfactorily proven. If the evidence leaves the contract and its terms in doubt or uncertainty, it will not be sufficient.</p> <p>5. Estoppel—by promise void under the Statute of Frauds. The promise of one having control of leased proper