Thompson v. Bruen

Citations

• 46 Ill. 125

Syllabus

<p>1. Notice—when a purchaser of lands will not be affected, by notice of a contract, made by his grantor with another, for a conveyance of the same premises. Where a purchaser has lost his right to compel a specific performance of a contract for the conveyance of lands, he cannot assert any rights or equities against another, who may purchase the premises, even though such other person has full knowledge of the contract at the time of his purchase.</p> <p>2 Chancery—when a specific performance will not be decreed. Even, where time is not the essence of the contract, equity will not decree a specific performance, if the purchaser has been guilty of gross laches in performance of his agreement.</p> <p>3. Same—a purchaser—when deemed, guilty of gross laches. Where by the terms of a contract for the conveyance of land, a certain sum was to be paid down, and the balance of the purchase price was payable in two equal instalments, the last one falling due two years from the date of the contract, and the purchaser for the period of about eight years thereafter, failed to make any further payment, and the premises were sold to another: Held, that the purchaser could not compel a specific performance of the contract, being guilty of such gross and inexcusable laches, as gave to.the other party the power to rescind the contract, and sell to another.</p>