158 N.E. 502 | Ill. | 1927
The appellants filed a bill in the superior court of Cook county alleging that the appellee association entered into a contract with the appellants for the sale of certain real estate described therein for the consideration *48 of $4500, — $100 cash to be paid on December 11, 1922, and $900 to be paid on December 13, 1922, when a contract for a warranty deed was to be executed and delivered by the appellee to the appellants. As a further consideration for the conveyance the complainants were to pay the defendant the sum of $3500 in monthly installments of $25, with interest. The bill alleges that the appellants have paid the $100 cash payment and have always been ready and willing to comply with the terms of the contract and to pay the sum of $900 "on its delivery of a sufficient contract for warranty deed to complainants according to its agreement, but defendant refused to perform its part of the agreement or make and deliver to complainants a sufficient contract for warranty deed." The prayer of the bill is that the defendant be decreed "to perform said agreement and make a sufficient contract for a warranty deed." The appeal has been brought to this court on the theory that a freehold is involved.
The bill is for the specific performance of an alleged agreement to make a contract for a deed. Under the terms of the alleged agreement $3500 of the purchase price was to be paid at the rate of $25 per month. The contract does not call for a deed prior to the completion of such payments, which would require a period of ten years. A freehold is involved only where the necessary result of the decree is that one party gains and another party loses a freehold, or where the title of the freehold is so put in issue by the pleadings that the decision of the case necessarily involves a decision of such issue. (Illinois Central Railroad Co. v. Queen City BuildingCorp.
This court has no jurisdiction of this cause, and it must therefore be transferred to the Appellate Court for the First District.
Cause transferred. *50