Robinson v. Appleton

Citations

• 124 Ill. 276
• 15 N.E. 761

Syllabus

<p>1. Specific) eebfobmanoe—the substance rather than the form of the ■contract considered. A court of equity, in considering a bill for specific performance, will not look to the form of the contract, but rather to the substance. It will regard a bond conditioned for the conveyance of land, the same as an article of agreement for the sale and purchase of the same, ■and will decree a specific performance of the condition, which will be treated as the agreement of the parties.</p> <p>2. Same—mutuality of remedy as between vendor cmd purchaser, and the assignee of the latter. A vendor may have a specific performance of a contract for the sale of land decreed against his vendee. The remedy is mutual, and may be availed of by either the vendor or the vendee. It lies in favor of the personal representatives of a deceased vendor, and against subsequent purchasers or assignees of the vendee taking with notice.</p> <p>3. Same—remedy as against assignee of purchaser—its nature and extent. The remedy by the vendor of land for specific performance, against the assignee of the vendee, is in the nature of a proceeding im rem, and no personal decree can be taken against the assignee for the puirohase money, unless he has assumed its payment as a part of the price he agreed to pay.</p> <p>4. Same—pwrchaser acqmrimg outstanding title—effect upon rights of vendor. Where a purchaser of land takes an obligation for a quitclaim deed from his vendor, and is let into possession, neither he, nor one claiming under him, will be allowed to acquire an outstanding title, and require the vendor to take a decree for the sale, only, of the title he had at the time •of the sale. In such case, it is proper to order a sale of the land generally, ffor the unpaid price.</p> <p>5. Vendob’s lien—how it may arise—and its nature and extent. It is mot necessary that a vendor’s lien shall be expressly reserved in a contract -for the sale of land. It is implied by the law, in the absence of anything •showin