Mathison v. Wilson

Citations

• 87 Ill. 51

Syllabus

<p>1. (Specific performance—when offer to pay sufficient. Where the purchaser of land, under a contract for a deed, offers to pay the last of the purchase money when due, and insists on a deed, and the offer is declined by the vendor, on the ground of there being an incumbrance on the land, so that he can not give such a title as he agreed to, this will he sufficient to show a readiness and willingness of the purchaser to perform his part of the contract. In such case a formal tender is not necessary before filing bill for specific performance.</p> <p>2. Same—contract not changed by unexecuted verbal agreement. Where, under a verbal agreement for the execution of a new bond for a deed by the vendor of land, and of new notes for the unpaid price by the purchaser, of like tenor with the original ones, except as to time of performance, the old notes and bond were surrendered, but the vendor refused to carry out the verbal agreement or to give a bond for a deed, there being no rescission, in fact, of the written contract, it was held, that the old agreement remained in force, unaifected by the unexecuted verbal contract, and might be specifically enforced.</p> <p>3. Same—not against wife of vendor, where she is not a party to contract. It is erroneous, in decreeing the specific performance of a contract for the conveyance of land, to require the wife of the vendor to unite in the conveyance, and, on her failure, for the master to convey her interest in the land, where she has not signed the agreement with her husband, or otherwise contracted to convey any interest she might have in the premises.</p>