Laird v. Allen

Citations

• 82 Ill. 43

Syllabus

<p>1. Statute op Frauds —performance to take case out of Possession taken of land by a purchaser under a verbal contract, the making of substantial improvements thereon and payment of the purchase money, will take the case out of the Statute of Frauds, and entitles the purchaser to a decree for specific performance.</p> <p>2. Default—admits material facts alleged. Where a bill for specific performance is taken for confessed as to the original vendor, and it alleges that he is equitably bound to convey one-lialf of the land sold, the complainant having purchased a half interest from the original vendee, and paid his part of the purchase money, the vendor, by his default, admits the complainant’s right to a conveyance, and can not be heard to object that the whole price has not been paid.</p>