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Citation View this case and other resources at: Brief Fact Summary. The executor of Tower’s will conveyed land to Plaintiff. Plaintiff sued to quiet title against Defendants, who are the deceased’s next of kin. Synopsis of Rule of Law. Equitable conversion is defined as a constructive alteration in the nature of property by which, in equity, real estate is regarded as personalty or personal estate as realty. 7 Amer. & Eng.Enc. of Law (2d Ed.) 464. ...

Citation View this case and other resources at: Brief Fact Summary. Thomas Turner drafted a will devising certain land to his sister, Sallie Turner. Thereafter, Thomas Turner gave a 60-day option to purchase land to Eddington. After Thomas Turner died, Eddington decided to exercise his option to purchase the land. Synopsis of Rule of Law. In this case the testator evidenced his desire that his sister should have a portion of his land for life. Then he granted an option for 60 days, which he had no way of knowing would be exercised or not. The testator had no enforceable right to the purch ...

Citation View this case and other resources at: Brief Fact Summary. Plaintiff contracted to buy property from Defendant. The contract provided that special warranty deed was to be passed upon full payment, but before that event occurred, Defendant was sued for adverse possession of the property and lost to the third party adverse possessors. Synopsis of Rule of Law. This court held that the measure of damages where the vendor has breached a land sale contract is the market value of the property at the time of the breach less the contract price to the vendee. ...

Citation22 Ill.187 Va. 169, 45 S.E.2d 875 (1948) Brief Fact Summary. In this case Landreth (Defendant) entered into a contract with Clay (Plaintiff) to purchase a lot for the purpose of building a storage unit, however the land was later rezoned for residential use only. Synopsis of Rule of Law. When something has intervened which ought to prevent it, the doctrine of equitable conversion will not be applied. It does not exist as a matter of right and is not applicable to all circumstances. ...

Citation22 Ill.12 N.Y.2d 242, 238 N.Y.S.2d 928, 189 N.E.2d 473 (1963) Brief Fact Summary. Plaintiffs contracted with Defendants to purchase a home. Plaintiffs delayed the delivery date until December 15, without any indication that title could be rejected. After investigation, Plaintiff discovered that title was unmarketable. Synopsis of Rule of Law. While a vendee can recover his money paid on a contract from a vendor who defaults on law day without a showing of tender or even of willingness and ability to perform where the vendor’s title is incurably defective, a tender and demand ...

Citation22 Ill.343 Ill. App. 281, 99 N.E.2d 23 (App. Ct. 1951) Brief Fact Summary. Defendant placed a clause in a contract to prohibit assignments. The Plaintiff, who did not breach the contract with the Defendant, entered into an agreement with a third party for the purchase of the land from Plaintiff, who was to receive a deed upon payment of one-half the purchase price. Synopsis of Rule of Law. Covenants against assignments are strictly construed in order to prevent forfeitures. ...

Citation22 Ill.309 Ky. 143, 216 S.W.2d 930 (1949) Brief Fact Summary. Plaintiff entered into a contract with the Defendant to buy land. The Defendant offered to consummate the deal by offering the title to the Plaintiff with a certified check to cover a lien. Defendant disputed the existence of the lien. Plaintiff refused to accept the title on those terms and sued Defendant. Synopsis of Rule of Law. If the sale fails by reason of a defect in the vendor’s title and the vendor is guilty of no bad faith or fraud, the measure of the vendee’s damage is substantially the same as in ...

Citation22 Ill.206 N.Y. 434, 100 N.E. 50 (1912) Brief Fact Summary. Plaintiff contracted with Defendant to purchase certain property, subject to existing leases and existing restrictions on record. The Defendant offered Plaintiff a quitclaim deed, which Plaintiff refused to accept. Plaintiff contended that a previous conveyance of the property was not joined by the wife of the grantor, and that such failure rendered the title unmerchantible. The Defendant refused to return a down payment to Plaintiff. Synopsis of Rule of Law. In every executory contract for the sale of lands there is an im ...

Citation22 Ill.323 Mich. 87, 34 N.W.2d 566 (1948) Brief Fact Summary. Plaintiffs made an offer to purchase property from Defendant at the price of $6,300.00. The Plaintiffs’ attorney found that the title abstract showed that a prior series of conveyances made the title unmarketable. Synopsis of Rule of Law. A title may be regarded as unmarketable if a reasonably careful and prudent man, familiar with the facts, would refuse to accept title in the ordinary course of business. It is not necessary that the title be actually bad in order to render it unmarketable. It is sufficient, if th ...

Citation22 Ill.42 F.2d 9 (9th Cir. 1930) Brief Fact Summary. Plaintiffs sought to rescind an executory contract for the purchase of land, alleging that the Defendant could not deliver marketable title. Synopsis of Rule of Law. The well-settled rule in California is that there can be no rescission by a vendee of an executory contract for sale merely because of lack of title in the vendor prior to the date when performance is due. ...

Citation22 Ill.261 Ind. 226, 301 N.E.2d 641 (1973) Brief Fact Summary. Plaintiffs brought an action to obtain possession of real estate through enforcement of a forfeiture clause in a land sale contract. The land sale contract was for a total purchase price of $36,000.00 in yearly $2,500.00 payments, without interest, and that in case of default, if such default should continue for 30 days, then all monies paid would be forfeited and taken as liquidated damages. Synopsis of Rule of Law. A conditional land sales contract is the same as a secured transaction, the provisions of which are subj ...

Citation22 Ill.128 F. Supp. 709 (N.D. Cal. 1955) Brief Fact Summary. The Plaintiffs paid $585,000.00 toward the purchase of timberlands from Defendant, but had defaulted on the terms of payment for more than 60 days. The contract provided a default of more than 60 days, entitled the Defendant to resume possession of the property, retain all payments and cancel the contract. Synopsis of Rule of Law. The court found that the proper relief would be to enter a decree allowing Plaintiffs to complete the contract within a specified time by paying the entire purchase price together with Defendant ...

Citation22 Ill.245 Md. 373, 226 A.2d 341 (1967) Brief Fact Summary. Maple Ridge Construction Co. (Plaintiff) was to buy thirty-four “finished” lots from Kasten Construction Co. (Defendant). The Defendant did not perform within the time allowed and the Plaintiff sued to enforce specific performance. Synopsis of Rule of Law. In a case involving specific performance, when the intention of the parties is always the controlling factor, the general rule is that time is not of the essence of the contract of sale and purchase of land unless a contrary purpose is disclosed by its terms ...

Citation View this case and other resources at: Brief Fact Summary. In this case Doctorman (Plaintiff) entered into a contract to purchase property from Schroeder (Defendant). The contract specifically stipulated that unless the payment was made on that day all monies paid on the account would be forfeited and the agreement would be null and void, however Plaintiff convinced Defendant to accept a partial payment. Synopsis of Rule of Law. Repeated acceptance of late payments by a vendor can lead to a finding that the vendor has waived enforcement of the time constraints within the contract ...

Citation17 Wis. 2d 89,115 N.W.2d 557, 1962 Wisc click the citation to view the entire case on Brief Fact Summary. Defendants agreed to an offer to purchase two commercial properties, but they were unable to obtain financing for both of the properties. The Plaintiff sued to recover $5,000 due under the promissory note. Synopsis of Rule of Law. In cases when the meaning of a contract term, such as the term at issue here, can be found from the circumstances surrounding the execution of the contract, the courts will find that the contract is sufficiently definite. Otherwise, the contract will f ...

Citation22 Ill.1134 Mont. 307, 330 P.2d 971 (1958) Brief Fact Summary. The Mattusheks, two brothers, (Defendants) owned a 3540 acres ranch, which they agreed to sell by appointing an agent, Red Carnell. Carnell found a buyer, Ward (Plaintiff), who tendered a check for $2,500 toward the purchase, and arranged a meeting with the parties. At the meeting, the Plaintiff and Defendants got into a dispute, which caused the Defendants to refuse to convey. Synopsis of Rule of Law. When construing a written instrument, the Court will not isolate certain phrases of that instrument in order to garner ...

Citation22 Ill.219 Kan. 668, 549 P.2d 986 (1976) Brief Fact Summary. Plaintiff sued Defendant for specific performance based on a handwritten agreement. Synopsis of Rule of Law. The fact that the parties contemplate the execution of a formal document is evidence that they intend to not be bound until the execution of the formal contract. ...

Citation22 Ill.131 Colo. 508, 283 P.2d 640 (1955) Brief Fact Summary. A husband and wife, the Niernbergs (Defendants), owned land which they agreed to sell to the Felds (Plaintiffs) under a “Receipt and Option” which provided for a $1,500 deposit. The Defendants then sold the property to another for greater than what the Plaintiffs had agreed to and thereafter refused to return the deposit. Synopsis of Rule of Law. An executory contract involving title to, or an interest in, land may be rescinded by an agreement resting in parol. The statute of frauds concerns the making of con ...

Citation22 Ill.233 N.Y. 230, 135 N.E. 273 (1922) Brief Fact Summary. In June 1918, James Halsey, lived alone in his home. Plaintiffs claim that Halsey promised that the land would be theirs upon his death if they boarded and cared for him during his life. However, at the time of his death, there was nothing to evidence this agreement. Synopsis of Rule of Law. Not every act of part performance will move a court of equity, though legal remedies are inadequate, to enforce an oral agreement affecting rights in land. There must be performance unequivocally referable to the agreement. ...

Citation22 Ill.14 Mass. App. Ct. 671, 442 N.E.2d 37 (App. Ct. 1982) Brief Fact Summary. Green (Defendant) orally agreed to sell Plaintiffs a parcel for $15,000.00, and Plaintiffs gave a check for $500.00 as a deposit to Defendant. Then, Defendant told Plaintiffs that she no longer intended to sell her property to Plaintiffs, but that she would sell to another for $16,000.00. Plaintiffs offered to pay the same, but Defendant refused the offer. Synopsis of Rule of Law. “A contract for the transfer of an interest in land may be specifically enforced notwithstanding failure to comply ...

Citation22 Ill.222 Minn. 141, 23 N.W.2d 362 (1946) Brief Fact Summary. The Plaintiffs entered into an oral lease agreement with the Defendant for one year. The Plaintiffs contended that Defendant gave them an option to purchase at the end of the term and stated that he would give them a deed, which he refused to do. Synopsis of Rule of Law. “Where, acting under an oral contract for the transfer of an interest in land, the purchaser with the assent of the vendor takes possession thereof or retains possession thereof existing at the time of the bargain, and also pays a portion or all o ...