Wood v. Seward

Citations

• 46 Ill. 457

Syllabus

<p>1. Rescission of contract—of a bill to set aside conveyance. Where a party conveyed to another a certain parcel of land, under an agreement that a certain portion of such parcel of land should be conveyed by the grantee to a certain railroad company, the remainder to vest in the grantee, upon condition that such grantee should procure the location and construction of a switch or side-track thereon, and such switch or side-track was so procured to be located and constructed by such grantee: Held, that the procuring the location and construction of such switch or side-track was a performance on his part as a consideration for the conveyance so made.</p> <p>2. Same—of subsequent conveyance to the railroad company, and herein of the rights of parties. The grantor having received the benefits for which the grant was given, cannot be permitted to question whether or not there was a subsequent conveyance by his grantee to the railroad company. »</p> <p>3. Same—of the effect of deception, when not affecting the rights of parties. Where the grantor received from his grantee personal security as a pledge of performance, and performance was made, such grantee had a right to a return of his securities as a pledge of such performance, and although he resorted to artifice to obtain them, it will not justify the taking away of his title, honestly acquired, as punishment therefor.</p>