Wallace v. McLaughlin

Citations

• 57 Ill. 53

Syllabus

<p>1. Vendor—dedan-ing contract forfeited. Although a contract for the sale of land reserves the right to declare it forfeited, and the right to retain the money already paid on the purchase iu case the vendee fails to make prompt payment as the several installments of the purchase money fall due, still the vendor can not declare such a forfeiture where the land thus sold is incumbered, and he is unable to perform his part of the contract, by conveying a clear and perfect title according to the agreement.</p> <p>2. Where the vendor has the reserved power of declaring a forfeiture, he can not do so, unless he is in a position, at the time, to compel a specific performance of the agreement.</p> <p>3. Delay—in performing contract—as a bar to equitable relief. Upon hill filed by a purchaser of land, to restrain a vendor from recovering land sold, and to he conveyed free from incumbrance, into the possession of which the purchaser had entered under the agreement, such relief will not he barred by Ms failure to make payments, by reason of the incumbrance on the laud.</p> <p>4. Fraud—misrepresentations. Where a vendor falsely represents that his title, is good and free from incumbrance, and thus induces the purchaser to forego an examination of the title, and the purchaser enters and makes payments and large improvements on the land before he learns of the incumbrances, and then refuses to make further payments ou the purchase until the incumbrances are removed, he can not be held to be in default in making payments.</p> <p>5. Specific Performance—defective title. After the vendor has declared a forfeiture, and recovered in ejectment, the vendee may, notwithstanding tlie incumbrance, tender the balance of the purchase money, waive his right to insist upon a perfect title, and compel a specific performance of the agreement. It would he inequitable to permit the vendor to retain the money paid, to get the land with the valuable improvements placed thereon by the purchaser, a