Temple v. Johnson

Citations

• 71 Ill. 13

Syllabus

<p>1. Statute of Frauds—effect of full payment, alone. Full payment of the purchase money for real estate verbally agreed to be conveyed, is not of itself sufficient to take the agreement out of the Statute of Frauds. There must also be possession taken of the property.</p> <p>2. Same—subsequent act, whether a recognition of agreement. Where a party owning lots authorizes another to sell the same to pay a judgment against him, and no sale can be made, and such other person sells his own lots, and pays the judgment, and the first party afterwards conveys a portion of the premises, for the expressed consideration of §1, and for assistance rendered and money advanced in settling the judgment, this will not be sufficient to take a verbal agreement to convey several lots to the party settling the judgment, out of the Statute of Frauds.</p> <p>3. Specific performance—hard and unreasonable contract will not be enforced in equity. Where a party has already received a liberal compensation for the use of his money for a short time, a contract to convey to him certain lots, for the advance made by him, will not be specifically enforced, as to do so would be inequitable, if not oppressive.</p>