Lombard v. Chicago Sinai Congregation

Citations

• 75 Ill. 271

Syllabus

<p>1. Vendor and vendee — interest—from what time computed, on purchase money. On a contract for the sale and conveyance of a house and lot, where the vendor is to furnish a satisfactory abstract of the title, which is not done in the time required, and which causes delay, in decreeing specific performance, the vendor will be left in possession of the rents and profits until a good title is shown, and from that time only will the vendor he entitled to interest on the purchase money. After that time the purchaser will be required to pay the interest specified in the contract, and the vendor will he required to account for reasonable rents and profits, although none have been actually received in consequence of the destruction of the building by fire.</p> <p>2. Specific performance — decree as to time of payment. On bill for specific performance by the purchaser of real estate against the vendor, where the installments are all due, the court has no right to give further time for payment, as it must enforce the contract as the parties have made it.</p> <p>3. Amendment—right to, after decision in this court. Where a party in his bill for specific performance conceded title in the vendor, and a state of facts upon which this court on appeal gave a decision in his favor for the relief sought, it was held that he ought not to be allowed, after the cause was remanded, by a subsequent amendment of his bill, to dispute the facts upon which he obtained a decision favorable to his interests.</p>