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· 1/15/1871

Price v. School Directors

Citations

  • 58 Ill. 452

Syllabus

<p>1. Charitable uses—donations to. A donation of land for a site for a school house, is a donation to a charitable use, and equity will supply all defects of conveyance.</p> <p>2. Specific performance—promised donation. A person who makes a promise, upon the strength of which others are induced to expend labor or material, is bound in good faith to keep his promise.</p> <p>3. Laches—bad faith. One whose promises have induced others to act upon them, under belief they would be kept, can not impute laches to others in not discovering his bad faith.</p> <p>.4 Estates upon condition—colored pupils in schools. P having offered to donate a site for a school house, by a vote of the district, his offer was accepted, and building commenced. P then filed for record a deed to the district, of the site, but limited the use of the donation to white children only, with a forfeiting clause. On a bill to reform the deed according to the original donation, held, that whether white pupils and colored are, by law, now to occupy the same or different buildings, or not, a forfeiting clause in case colored children are admitted, can not be added to a conveyance of the site, when not embraced in the original offer.</p>

Judges: Sheldon

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