Roby v. Cossitt

Citations

• 78 Ill. 638

Syllabus

<p>1. Pleading—what a demurrer admits. A demurrer to a bill in equity only admits that which is well stated or pleaded, but it can not supply defects in substance, or aid that which is defectively set forth.</p> <p>3. Same—rule for construing. The rule of law is, that the allegations in a bill or other pleading shall be construed most strongly against the pleader.</p> <p>3. Specific pebfobmance—of contract made by an agent. A bill for the specific performance of a contract of sale made by an agent, which fails to show tliat the person executing the same was the agent of the owner, duly authorized, either by any charge, or by the contract so far as it is set out, is bad on demurrer. ,</p> <p>4. Same—bill must be filed in reasonable time, and show a readiness to perform. Where a contract was made for the sale of land in February, 1867, for the sum of. $52,000, one-third of which was to be paid in hand, and the balance in two equal annual installments, with interest, and the purchaser paid only §500 down, and did not offer to make the several payments when due, and did not file his bill for specific performance until in July, 1873, when the property had greatly risen in value: Held, in the absence of any excuse being shown, that the delay in offering to perform, and in filing his bill, were such that equity could not aid him.</p> <p>5. If a vendee desires to insist upon the performance of a contract of sale, he should tender the purchase money as the same falls due,.and show a readiness and willingness to perform on his part, and if the vendor refuses to comply, file his bill at once. He will not be allowed to lie still to speculate upon the chance of a rise in the property.</p> <p>6. Same—unexplained delay in performing. All contracts with reference to the sale of land, where time is not of the essence of the contract, must be performed or rescinded within a reasonable time, and if there has been any unusual delay that can not be explained consistently with good faith