Mix v. Balduc

Citations

• 78 Ill. 215

Syllabus

<p>1. Consideration—sale of land. Where the owner of land gave a written memorandum to a party, stating that he would sell him a lot of land for a certain price, to be paid within a time named, but there was no agreement expressed in the writing, by the purchaser, to pay the price, and the purchaser afterwards built a corn crib and barn, and sunk a well, on the premises, and kept up the fences and paid the taxes, this constituted a sufficient consideration to make the agreement binding on the vendor.</p> <p>2. Specific performance—not enforced when purchaser makes default as to time of payment. Where the purchaser of land delays offering payment of the purchase money for five months after the stipulated time for payment, without any excuse therefor, his right to call for a specific performance will be thereby precluded, unless the stipulated time for payment has been waived.</p> <p>3. Time of payment — waiver. Where the vendor of land, after the expiration of the stipulated time for payment of the purchase money, distinctly recognizes the right of the vendee to the property, and asks to have refunded to him the taxes on the same for one year that he had paid on it subsequent to the expiration of the stipulated time for payment, the vendee having paid all the other taxes, a waiver of the time stipulated for the payment of the purchase money may be inferred.</p>