Warren v. Richmond

Citations

• 53 Ill. 52

Syllabus

<p>1. Fobfeitube of contbact—in what manner it may be declared. Where a vendor of land has a right, by the terms of the contract, to declare a forfeiture in case the purchaser fails to comply on his part, where he holds no securities of a negotiable character, he has only clearly to manifest an intention to end the contract, and, by selling the property to another, he does, in the most unequivocal manner, make his declaration of forfeiture.</p> <p>2. Specific performance—when granted. A purchaser of land will not be entitled to a decree for a specific performance, unless he shows a performance on his part of all the conditions precedent to his right to demand a conveyance.</p> <p>3. Notice—by possession. Where a purchaser of land is in possession, such possession will operate as constructive notice to a subsequent purchaser from the same vendor, of the right of the party in possession.</p>