Eaton v. Schneider
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. Colostin D. Myers, Judge, presiding. Appellant filed his bill in the circuit court of McLean county for an accounting of rents and to compel the specific performance of a contract to convey to him two lots in Normal, Illinois. In February, 1897, he purchased the lots from Charles G. Schneider, one of the appellees herein, and received from him a bond for a deed.
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Appeal from the Circuit Court of McLean county; the Hon. Colostin D. Myers, Judge, presiding. Appellant filed his bill in the circuit court of McLean county for an accounting of rents and to compel the specific performance of a contract to convey to him two lots in Normal, Illinois. In February, 1897, he purchased the lots from Charles G. Schneider, one of the appellees herein, and received from him a bond for a deed. The consideration for the proposed transfer was $3500, made up of an equity in a certain store-house property and the stock of goods therein; of two mortgages, of §700 each, on…
1Opinion of the CourtJustice Wilkin
By the express terms of the bond here sought to be specifically enforced by appellant time was made of the essence of the contract, and it is contended on behalf of the appellees that the appellant, Eaton, is not entitled to a specific performance by Schneider, for the reason that he, himself, failed to comply with the contract on his part within the specified time, by paying his notes when they came due. Appellant contends that the time for payment was extended and thereby the condition waived.. On this point the court below found adversely to appellant, and we think the testimony failed to…
2Cases cited2 opinions
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