Reports of Decisions of the Supreme Court of the State of Illinois : From the December Term, 1819, to the February Term, 1841, Inclusive, Which Were Embraced in Breese, And Volumes One And Two Scammons Reports ; With Notes, Referring to Prior And Subseque

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Such a contract is only voidable- under that statute, and not void in itself. The parties to a parol contract for the sale of land might surely consummate it at any time, and unless one of them DECEMBER TERM, 1835. 297 Whitney v. Cochran. Morton v. Gateley. Murry v. Crocker.
chose to interpose the statute, as a legal defence to an action for a refusal to consummate such an agreement, it would evidently be obligatory. The court ought also to have admitted the parol evi- dence of the contract, to
... establish the relation of landlord and tenant, becaiise it cannot, we think, be denied, that in the case of a parol purchase of land, if the vendee enters into possession, and refuses afterward to aflSrm the contract, he would be liable to the vendor for use and occupation, and could not dispute his title by setting up an outstanding title in a third person.
Walker and Whitney, for plaintiff.
A. WilUami, for defendant.
Judgment reversed.
MOETON V. GaTELBT.
1 Scam. R., 211.
Appeal from Coles.
1.


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