Mitchell v. King

Citations

• 77 Ill. 462

Syllabus

<p>1. Equity—specific performance. A person who asks for specific performance must be able to show that his conduct has been clear, honorable and fair.</p> <p>3. Same—;falsehood—deceit. It has never been admissible, that one man should enforce a contract to the disadvantage of another, in ‘a court of equity, which he had obtained through falsehood, duplicity, or a betrayal of confidence.</p> <p>3 Statute of Frauds—who may set it up. When a man makes a parol contract for the sale of land, it is binding on him, at least morally, and it is optional with him, alone, to set up the technical defense that it was not in writing.</p> <p>4. Where the agent of A had, by verbal agreement, sold land belonging to A, to B, and, before A had been notified of the sale, C went-to A and falsely represented to him that he was sent by his agent to see about buying the land; and C knew of the sale by A’s agent, and withheld the knowledge from A, and induced A to sell the land to him and execute a deed for the same, and deposit such deed, to be held as an escrow, until t-lie balance of the purchase money was paid, and A, as soon as notified of the previous sale by his agent, confirmed the same, and executed a deed to B, and the prior deed was recorded; upon a bill filed by 0 for a specific performance, and a cross bill filed by B to cancel the record of the deed to 0, and that C surrender possession: Held, that the bill filed by C was properly dismissed, and the relief sought by the cross bill of B was properly granted.</p>