(Download) "Lang v. Parks" by Supreme Court of Illinois # Book PDF Kindle ePub Free
eBook details
- Title: Lang v. Parks
- Author : Supreme Court of Illinois
- Release Date : January 31, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Complaint was filed in the circuit court of Kankakee County by Sam Lang, vendor under a real-estate contract, against Dorothy
Parks, the vendee, (herein referred to as defendant,) to enjoin the defendant from interfering with plaintiff's alleged ownership
of the premises and, in response thereto, defendant counterclaimed for specific performance. From a decree dismissing the
complaint and granting specific performance, plaintiff now prosecutes a direct appeal to this court. A freehold is involved.
Livingston v. Meyers, 6 Ill.2d 325. The property in question consists of three lots located in the village of St. Anne which, on April 28, 1954, plaintiff contracted
to sell to defendant and her husband, (the latter since deceased,) as joint tenants. The contract fixed a price of $1200,
acknowledged a down-payment of $200, and provided for payment of the balance, with interest, in installments of not less than
$15 on the first day of each month. In addition, defendant agreed to pay all taxes subsequent to 1953. Time of payment was
declared of the essence and it was agreed that plaintiff, at his option, could forfeit the contract should defendant default
upon the agreed payments. Defendant went into possession, built a house, and thereafter made cash payments to plaintiff of
$15 each month but on irregular dates until May, 1958, at which time a dispute arose between the parties. Of the forty-eight
installments paid prior to that date, only two were made on the first day of the month, the remainder being paid and accepted
anywhere from one to twenty-five days late.