Short v. Kieffer

Citations

• 142 Ill. 258
• 31 N.E. 427

Syllabus

<p>1. Contract — writings for tlie sale of land construed. The owners of a tract of land, wrote and signed a letter to a real estate agent, stating’therein that he was authorized to sell the property within the next six months, at “$700 per acre, one-fourth cash, balance in one,” two and three years, with six per cent interest.” Within the time limited the agent signed and delivered a writing, certifying that he had that day-sold to S. the land (describing it) for $700 per acre, and acknowledged the receipt of $200 as part payment, etc.: Held, that the writing, most favorably construed for S., would amount to an agreement on the part of the owner to convey to S. the land for $700 per acre, one-fourth to be paid in cash and the balance in one, two and three years, with six per cent interest from the date of sale. Under such a contract the owners should receive the contract price according to the terms agreed on, and on the receipt thereof convey to S. their interest in the land.</p> <p>2. Same — signed by one party and accepted by the other. The failure of the purchaser of land to sign the contract of sale with the other-party will not aifect its validity, provided he has accepted it and acted upon it.</p> <p>3. Aoent —purchaser from, an agent is bound to know he is acting within his authority. One purchasing land from an agent is bound to know that the agent is acting within the scope of his authority.</p> <p>4. Specific performance — complainant mast show himslf not in default. The elementary rule that before one party to a contract can call upon the other to perform, he must show that he is not in default himself, applies with peculiar force and strictness in all bills for specific performance.</p> <p>5. Where a contract for the sale of land provides that one-fourth of the purchase price shall be paid down in cash, and the balance in one, two and three years, with six per cent interest, the purchaser can not lie by until the termination of a partition suit brought