Sutherland v. Parkins

Citations

• 75 Ill. 338

Syllabus

<p>1. Contract —proposition to sell until accepted is not a contract that can he enforced. Where the owner of land made a proposition in writing to sell the same on certain terms, a part of the price to be paid down at the time of the purchase, to be binding if accepted within one year, and it appeared that the party to whom the offer was made was in possession under a lease from the party making the offer, and died within the year without giving any notice of acceptance, or making any payment, or securing the balance by notes and mortgage as required in the offer: Held, that these facts failed to show an acceptance, and that there was no valid contract that could be specifically enforced.</p> <p>2. Same—heirs hme no right to accept an offer of sale made to their ancestor. When the ancestor has the privilege of accepting an offer of sale within one year, and dies within the year without accepting, he has no estate which can descend to his heirs, and they will not have the right to accept the same within the time allowed their ancestor. The offer in such a case is personal.</p> <p>3. Specific performance—-.there must he mutuality. Where a contract for the sale of land is such that the vendor could not enforce the same against the vendee in his lifetime or against his estate after his death, the heirs of the vendee will have no right to insist upon a specific performance.</p> <p>4. Possession—whether referred to lease or contract for sale. Where a party in possession of land under a lease from the owner takes a written offer for the sale of the premises, to be accepted in a given time, but dies without giving notice of its acceptance, or complying with the terms of the offer, his possession, fencing the land and paying taxes, will be referred to the relation under which he entered, in the absence of allegation and proof to the contrary.</p>