Parker v. Garrison

Citations

• 61 Ill. 250

Syllabus

<p>1. Specific performance—when enforced. Courts of equity will, as a general rule, iu all proper cases, enforce contracts relating to the salé of lands, but not in regard to sales of personal chattels. But Hiere are exceptions to, or limitations of, the rule, as cases may arise where a contract for the sale of chattels will be enforced.</p> <p>2. Purchase of land—release of contract. Where a party purchased a tract of laud of another, and being unable to make payments prevailed upon his vendor to release him from the purchase and to agree to treat him as a tenant for the year he occupied the premises, and to receive, in corn, one-half of the grain raised on the premises during the year, for the rent, which was to be delivered at a specified place, but the purchaser refused to perform his contract and fraudulently placed a part of the corn in the hands of other persons, and was insolvent: Meld, as the owner of the land was justly and equitably the owner of the corn, and as the purchaser had been fully paid for it, and was insolvent, there was not an adequate reined)' at law, and equity should afford relief by enjoining its sale by those having the possession.</p> <p>3. Replevin. In such a case, as no delivery of the corn had been made, it is doubtful whether it could have been recovered by writ of replevin, especially as a part of it was not separated from other corn with which it was stored, and in the hands of the persons with whom it had been placed and a part in the possession of the purchaser of the land; and if such a recovery could have been had, it would have required several suits, and there being no plain and adequate remedy at law, relief was granted.</p> <p>4. Trust property—will be controlled by a court of equity. Where the contract is so far completed that the vendor has been paid in toil and has no claim upon the property arising from the contract, and it only remains to deliver possession of the property to the purchaser, it seems the vendor, in equi