Pierce v. Plumb

Citations

• 74 Ill. 326

Syllabus

<p>1. Cobtbact— to pa/y certain indebtedness of another — construction — when a right of action accrues. Where a party enters into a bond conditioned to pay certain indebtedness of the obligee therein, and save and keep him harmless from such indebtedness, the obligee is not bound to pay off such indebtedness in case the obligor fails to do so in order to maintain a suit on the bond, but he may sue upon the bond and recover the amount of such indebtedness as soon as it has matured, if not paid by the obligor in the bond.</p> <p>3. Specific performance — of contract respecting personalty. The general rule is that equity will not entertain jurisdiction for the specific performance of contracts respecting personalty.</p> <p>3. Same—for mere payment of money. Equity will not decree specific performance unless something more is to be done by it than mere payment of money, or-any thing which ends in the mere payment of money, be cause the law is adequate to this.</p>