Phelps v. Illinois Central Railroad

Citations

• 63 Ill. 468

Syllabus

<p>1. Specific performance—matter of sound discretion. It has been repeatedly held by this court that a party can not call upon a court of equity, as of right, to enforce the specific performance of a contract, and that the exercise of this branch of its jurisdiction rests in the sound discretion of the court in view of the terms of the contract and the surrounding circumstances.</p> <p>2. Same—party must not he in default himself. A party seeking the specific performance of a contract must show that he himself has always been ready, willing and eager to perform on his part, even though time is not made essential by the contract.</p> <p>3. Same—-forfeiture. Where time was made essential in a contract of purchase, and it provided for a forfeiture of the purchase if payments were not punctually made, and of all rights acquired under it, without any right in the vendee of reclamation or compensation for money paid, etc., the vendor declared a forfeiture for default of making payment of the notes given for the purchase money, when due, but did not surrender the notes to the purchaser: Held, that the purchaser was not entitled to a specific performance, and that, under such contract, an offer to return the notes was not necessary before declaring the forfeiture.</p> <p>4. Same—excuse of performance. In such a case, the fact that the vendor had before indulged the vendee by accepting payments after they were due, furnished no excuse for his not meeting the other payments promptly, and did not operate to prevent the vendor from declaring the forfeiture.</p>