Daniels v. Anderson

162 Ill.2d 47, 642 N.E.2d 128 (1994)

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Nature of the Case

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Facts

Daniels (P) contracted with Jacula to buy two lots. The contract also gave P a first right of refusal on an adjacent parcel. The contract of sale was not recorded. When P received a deed the first right of sale was not mentioned. P recorded the deed. Eight years later, Zografos (D) contracted with Jacula to buy the parcel for $60,000. P was not notified of the offer. D paid $10,000.00 and gave a note for the balance. D paid $15,000.00 on February 1986 and $15,000.00 more on March 1986. In June, P's wife told D's wife of the first right of refusal. D paid the remaining $20,000.00 in August and then recorded the deed. P sued Jacula and D for specific performance of his option. The trial court held that D was not a bona fide purchaser for value and ordered D to convey to P and ordered P to pay D the full purchase price of $60,000.00 and property taxes paid by D. The appellate court affirmed and D appealed.