Heckard v. Sayr

34 Ill. 142 (1864)

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Nature of the Case

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Facts

P bargained with D for the purchase of D’s land for $900. A down payment of $105.89 was paid, and two notes were given one for $494.11 payable on or before October 25, 1857, and the other for $300 payable on or before September 1, 1858. The contract provided that the notes should be paid at maturity and that the time stipulated should be regarded as of the essence of the contract. The terms also said that if the notes were not paid when due that it would result in breach and as a forfeiture of all payments previously made. The first note was paid in full on its due date. P paid the second note six days after it fell due. P sued for specific performance. D alleged that P failed to carry through the contract. P alleged that he could not discharge the notes on time because he was engaged in his official duties as clerk of the circuit court of Fulton County. The lower court granted specific performance. D appealed.