Ridgely v. Clodfelter

Citations

• 43 Ill. 195

Syllabus

<p>1. Specific performance. A conveyed to B land of the value of §3,000, in consideration that B should pay the debts of A, amounting to about $600, and, also, convey one-half the land to G, a minor son of A, upon his arriving of age; or pay to C $800 upon C’s paying to B one-half of the amount paid by B of A’s debts. B paid nearly $600 of A’s debts, and sold certain fixtures upon the land, but upon C attaining his majority, B refused to convey half the land or pay the $800, whereupon 0 filed his bill to compel a specific performance of the contract. Held,—That B was under no obligation to convey the land until O had refunded to him one-half of the amount paid upon A’s debts, it being optional with B whether he convey the land or pay the stipulated amount.</p> <p>3. But B, having denied his obligation to make the conveyance, was thereby liable to O for the $800, less a moiety of the debts paid by him; such balance-due, in event of B’s refusal to convey, being a part of the consideration for-the conveyance by A to him.</p> <p>8. B, having pleaded the statute of frauds as to that portion of the agreement relative to the conveyance of the land, it having been verbal, thereby exercised his option not to make the conveyance, and such denial of the validity of the agreement to convey renders B liable to C for $800, less one-half of the-amount paid upon A’s debts.</p> <p>4. In such case it was not error for the court to order an account to be stated, between the parties, and render a decree for the balance found to be due; and it appearing by such decree that substantial justice had been done, it will not be disturbed.</p>