Papin v. Goodrich

Citations

• 103 Ill. 86
• 1882 Ill. LEXIS 150

Syllabus

<p>1. Contract—sale of land—as to precedent or contemporaneous acts of the vendor and purchaser, respectively. Where a written offer to purchase real estate is accepted, the purchaser proposing to pay $35,000 in cash on or before a certain day named, and to assume the payment of a mortgage on the property, possession to be given on the cash payment, and a mortgage to be given on the premises for the deferred payments, the payment of the $35,000 must precede the right of the purchaser to receive a deed, and the execution of such deed must precede or be contemporaneous with the execution of the mortgage to secure the deferred payments.</p> <p>2. Same—excuse for non-performance by purchaser—use of insulting language by vendor—inability of vendor to perform. The use of .insulting, disagreeable and irritating language by a vendor of real estate, when approached on the subject of the contract by the purchaser, affords no excuse for any relaxation on the part of the latter or his assignee in preparing and offering to carry out the contract. If the vendor, before the day of payment, has put it out of his power to perform his part of the contract, payment, or an offer to pay unqualifiedly, would, doubtless, be excused.</p> <p>3. Same—failure on part of vendor to fix the time for doing an act connected with sale—as excusing tender of payment by purchaser on the day fixed therefor. In a contract for the sale of a hotel and all the furniture belonging thereto, at a definite and fixed price, an inventory of the furniture to be furnished by the vendor, in which contract a payment is provided to be made on or before a day named, a refusal on the part of the vendor to set a time for talcing the inventory affords no excuse for not making the pajunent at the proper time, or an unqualified tender of the same, as the taking of the inventory could have nothing to do with fixing and making more definite the duties of either party, such as determining the price, or amount of payments. In