Reports of Cases At Law And in Equity Argued And Determined in the Supreme Court of Illinois 34 (April Term, 1864)
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475 Sanford vs. Emoiy.
It was also proved that on that day the value of the lot waa not more than one hundred dollars.
It was further proved that it was in plaintiflTs power to have made a deed conveying the title at any time after the 18th of November, 1856.
The question is, Was Emory bound to accept the deed when tendered?
Xhe answer to this question involves the consideration of another, and it is this : Could Emory compel a specific perform- ance of this contract if he had tendered the purc...hase money on the 30th of January, 1859? By the terms of the agreement the whole amount was due about the 18th of August, 1857. San- ford had it in his power to make the deed and demand the price on any day after the 18th of November, 1856, and had contracted to make it so soon as he was able. At law (and this was a proceeding at law), time is material. It was the clear duty of Sanford, in a reasonable time after that day to *tender the deed; for before the deed was deliv- [475*] ered Emory could not well execute the mortgage.
What to read after Reports of Cases At Law And in Equity Argued And Determined in the Supreme Court of Illinois 34 (April Term, 1864)?
You can find similar books in the "Read Also" column, or choose other free books by Illinois. Supreme Court to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
475 Sanford vs. Emoiy.
It was also proved that on that day the value of the lot waa not more than one hundred dollars.
It was further proved that it was in plaintiflTs power to have made a deed conveying the title at any time after the 18th of November, 1856.
The question is, Was Emory bound to accept the deed when tendered?
Xhe answer to this question involves the consideration of another, and it is this : Could Emory compel a specific perform- ance of this contract if he had tendered the purc...hase money on the 30th of January, 1859? By the terms of the agreement the whole amount was due about the 18th of August, 1857. San- ford had it in his power to make the deed and demand the price on any day after the 18th of November, 1856, and had contracted to make it so soon as he was able. At law (and this was a proceeding at law), time is material. It was the clear duty of Sanford, in a reasonable time after that day to *tender the deed; for before the deed was deliv- [475*] ered Emory could not well execute the mortgage.
What to read after Reports of Cases At Law And in Equity Argued And Determined in the Supreme Court of Illinois 34 (April Term, 1864)?
You can find similar books in the "Read Also" column, or choose other free books by Illinois. Supreme Court to read onlineMoreLess
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