Handzel v. Bassi
Court of Appeals of Illinois
99 N.E.2d 23 (1951)
Handzel (plaintiff) agreed to buy real property from Bassi (defendant) under an installment contract that barred assignment without Bassi's consent, on pain of termination. After making all required payments, Handzel contracted to resell the property to a third party without seeking Bassi's consent, before the contract's final installment was due. Bassi treated this as a breach, gave Handzel a chance to cure, and then declared the contract terminated and demanded possession when Handzel didn't comply as demanded. Before the surrender deadline, Handzel tendered the final payment, offered to secure a mortgage for the balance, and sought a deed; Bassi refused. Handzel obtained a temporary injunction against termination; Bassi's motion to vacate it was denied, and Bassi appealed.
Whether, under Illinois law, a forfeiture provision in a contract for the purchase of real property will be enforced against a purchaser's breach when the purchaser is willing and able to fully perform.