Snyder v. Spaulding

Citations

• 57 Ill. 480

Syllabus

<p>1. Lien—upon reed estate of sureties of school officers—at what time it attaches. Under tlie school law, the lien upon the real estate of a surety upon the official bond of the treasurer of a board of school trustees, in case of the default of such officer, will attach, if judgment shall thereafter be rendered, from the date of the issuing of process in a suit upon the bond, without reference to the time of service.</p> <p>2. Specific performance in favor of the purchaser—delay inpayment. A court of equity will enforce the specific performance of a contract for the sale of land, in favor of the purchaser, where time is not of its essence, although the money was not paid within the time fixed by the agreement of the parties, if any reasonable excuse for such delay be shown.</p> <p>3. Rescission of contract by vendor—for default in payment. In a suit instituted by a purchaser of land, to enforce a specific performance, it appeared that in May, 1864, the complainant proposed to purchase the premises at a stated price, a portion to be paid down and the balance in one and two years. On the 12th of that month his offer was accepted and the contract closed,—the cash payment made, and the purchaser took possession. On the 16th or 17th of June following the vendor proposed to accept, in satisfaction of the contract, a less sum than the amount of the deferred payments if paid within thirty days, to which the purchaser assented. On the 17th of June a suit was instituted in the bounty in which the land was situated, against the vendor as surety on the official bond of the treasurer of the trustees of schools in a certain township therein. Within the thirty days the purchaser tendered the amount to be paid within that time, and demanded a deed, but demanded that the vendor should first remove the lien he was advised was created by the suit on the treasurer’s bond. This the vendor declined to do. In August following the vendor tendered a deed and demanded the balance of the pu