Wood v. Davis

Citations

• 82 Ill. 311

Syllabus

<p>1. Statute oe Frauds—contract for sale of land. No formal language is necessary to be used in a memorandum in writing of a contract for sale of land. Anything from which the intention of the parties may be gathered will be sufficient to take it out of the Statute of Frauds.</p> <p>2. But the writings, notes or 'memoranda, such as they may be, must contain, on their face, or by reference to others, the names of the parties, vendor and vendee, a sufficiently clear description to render it capable of identification, with terms of sale, and conditions, if any,- and price to be paid, or other consideration given.</p> <p>3. Where a party, desiring to purchase land, applies to the agent of the owner and makes an offer definite as to price,-terms, etc., and the agent submits the offer to his principal by letter, and afterwards writes to the purchaser that the owner has accepted the offer, and the agent sends to the principal a deed to be executed by him in accordance with the terms of such offer, which deed is executed by the principal and returned to the agent, and the purchaser, upon receiving the letter notifying him that his offer is accepted, goes to the agent to close up the transaction, and the agent then refuses to consummate the trade, these facts constitute a valid contract, not within the Statute of Frauds, for a breach of which the purchaser can maintain a suit for damages against the owner of the land.</p>