Van Cloostere v. Logan

Citations

• 149 Ill. 588
• 36 N.E. 946

Syllabus

<p>1. Statute of Frauds—estoppel of party to plead in defense. Where the owners of land have said or done nothing to induce the purchaser to deal with another person as the owner thereof, such owners will not be estopped from pleading the Statute of Frauds in bar of a bill for the specific performance of a contract of sale made by such unauthorized person.</p> <p>2. If it be conceded that heirs holding their mother out as their agent to sell their lands, generally, will suffice to estop them from interposing the statute as against persons misled thereby to their prejudice, the heirs will not be estopped when the mother does not profess to act as their agent. When the contract is not made for or on their behalf, or as their agent, the purchaser from the mother can not be misled by any supposed agency not pretended to fee used.</p> <p>3. Notice, actual or constructive, of a contract, which is void under the Statute of Frauds, will not prevent the person having such notice from becoming a purchaser of the property from the original owner. Where the owner may lawfully refuse to perform the contract, he may lawfully sell and convey to another, and by so doing repudiate the same, and a purchaser from him will not be affected by the prior sale rendered void by the Statute of Frauds.</p>