Weingærtner v. Pabst

Citations

• 115 Ill. 412
• 5 N.E. 385

Syllabus

<p>1. Specific performance—necessity of performance to entitle one to relief. The owner of land, being old and infirm, made a contract with his daughter and son-in-law, that if they would come and reside with him, maintain and support him and his wife during their lives, and improve the land, he would, by his will, devise the same to them, upon condition the son-in-law should, within two years after the death of the father-in-law, or that of his-wife, in case she should survive him, pay each of his other children a certain sum, but instead thereof, the owner devised the land to his other children: Held, that the son-in-law was not entitled to a specific performance against'the devisees without paying the other children the sums so secured to them by the contract.</p> <p>2. So a contract for the sale or transfer of land by will, to a party, in consideration that such party would support the vendor or testator and his wife for and during their respective lives, will not be specifically enforced when such party refused to perform his undertaking to support the vendor and his ?vife. The party seeking specific performance of a contract for the conveyance of land must have performed his part of it. If he refuses or neglects to do so he can not compel specific performance of it.</p> <p>3. Witness—competency of party. A party agreed with his son-in-law and daughter to leave them his farm, by will, if they would improve the same and support the owner and his wife during their several lives. The daughter died, and,the son-in-law being desirous of taking another'wife, refused to keep the owner and his wife, who were old and infirm, and they left, and lived with their other children, and the owner devised his land to the latter. The son-in-law and the heirs of his deceased wife filed a bill against the devisees to enforce the specific performance of the contract: Held, that the defendants were competent witnesses as against the son-in-law, and it was error to wholly disregard t