Tobey v. Foreman

Citations

• 79 Ill. 489

Syllabus

<p>1. Cross-bill—relief sought must he equitable. If a cross-bill seeks affirmative relief, it is indispensable that, it be equitable relief, otherwise it will be subject to demurrer; for to this extent it is in the nature of an original bill, seeking further aid of the court beyond the purposes of defense to the original hill, and, under such circumstances, the relief should be such as, in point of jurisdiction, the court is competent to administer.</p> <p>2. Specific performance—waiver as to time. If a purchaser of real estate, after the time for performance fixed in the contract of sale, files his bill for specific performance, the vendor may, bj' answer, submit to perform, and, by cross-bill, compel the purchaser also to perform; but he can not first resist the enforcement of the contract, and wait until the property has depreciated in value, and then enforce a specific performance against the purchaser, except upon such terms as the latter may be ready and willing to accept.</p> <p>3. Same—after repudiating contract. Where an owner of real estate repudiated a contract for its sale, on the ground he had never authorized the agent to sell or execute a contract for him, the property then having largely increased in value, and waited until it depreciated below the contract price: Reid, that a court of equity would not decree a specific performance in his favor, although the purchaser had before sought to compel him to perform the same.</p>