Spangler v. Danforth

Citations

• 65 Ill. 152

Syllabus

<p>1. Statute of frauds—what is a sufficient memorandum, in writing. Where the owner of land, after bargaining for the sale of the same, made and delivered to the purchaser a letter to his agent, residing in the neighborhood of the land, as follows: “ Chicago, April 5, 1871. E. T. Chase: Mr. Spangler called on me to-day, and agreed to take the pasture lot for §2400—§1000 cash (§300 down and §700 May 10,1871); §400 December 1, 1871, at ten per cent; §1000 July 1, ,1872, at ten per cent, secured by mortgage. Make the papers, and I will pay you commissions. W. Danforth Held, that this was such a memorandum, in writing, of the contract of sale as is required by the statute of frauds, and which, if fairly made, in the absence of any other claim intervening, would be enforced in a court of equity.</p> <p>2. Specific performance—as against a prior purchaser under a vm'hal contract, the second pwi'chaser hewing a superior equity. A, the owner of land, had authorized his agent to sell the same for a sum not less than §2400, and on the 5th of April, at 3 o’clock p. m., sold the same to B, and gave B a memorandum, in writing, of the sale,* directed to liis agent, and requesting the latter to make out the papers necessary to carry into effect the sale. It appeared that on the same day, at 11 o’clock p. m., the agent had verbally sold the same premises to C for §2350, who paid no money at the time. B, at the time of his purchase, paid §20, to bind the bargain, and, on his return, presented his contract to the agent, and requested him to make out the necessary papers, which the latter refused to do, and also made a tender of the balance then due under the contract. On the next day the agent informed O of B’s purchase, and B then paid §25 on his purchase, taking a receipt therefor, dated as of the 4th of the same month. .The owner, afterwards, upon the representation of his agent that O had paid the §25 at the time of his purchase, conveyed the premises to O. B having tendered the