Shortall v. Mitchell

Citations

• 57 Ill. 161

Syllabus

<p>1. Specific pekfoemauce—laches on the part of tlie purchaser—lohether excusable. In a suit for the specific performance of a contract for the sale of land, on which no money had been paid, brought by the purchaser against the vendor, it was held, the purchaser could not be excused for the failure on his part to pay the purchase money when due, on the ground there was an apparent lien on the premises, for a sum of money in favor of a third person, having, before he claimed to have any knowledge of the existence of such lien, and after the purchase money was due, lost the right to ask a court of chancery for a decree of specific performance, by showing himself either unable or unwilling to perform his part of the contract.</p> <p>2. Though, had the vendor brought suit against the purchaser, the apparent lien, upon the record, might be of some importance.</p>