DANIELS V. ANDERSON 162 Ill.2d 47, 642 N.E.2d 128 (1994) CASE BRIEF

DANIELS V. ANDERSON

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

NATURE OF THE CASE: This was a dispute over a contract option to buy a number of lots.

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.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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