Warren v. Daniels

Citations

• 72 Ill. 272

Syllabus

<p>1. Addition to town—when plat is recorded, becomes part of the town. When a plat of an addition to a town has been duly acknowledged and recorded, the addition becomes an integral part of the town, and lots in such addition are included in a description of property as situated in the town.</p> <p>3. Specific performance—when should be enforced. A written contract described certain town lots in a town, encumbered by a deed of trust for a certain amount, and no more; that the property was rented at a certain monthly rent, etc., and then provided that, if the lots were as represented, the parties were to exchange property, the owner of the lots to convey to the other party the lots described, and the latter to convey to him certain other property; the owner of the lots took possession of the property to be conveyed to him, and the other party, after seeing the lots, refused to comply with the contract: Held, that the owner of the lots, it appearing that they were as represented, was entitled to a specific performance of the contract, and that, there being nothing in the contract as to the value of the lots, the question as to their value was not involved in the case.</p>