Beach v. First Methodist Episcopal Church

Citations

• 96 Ill. 177
• 1880 Ill. LEXIS 17

Syllabus

<p>1. Subscription—not binding until accepted. Where a person signs a subscription paper, for the payment of a given sum upon the condition a certain sum shall be subscribed for the erection of a church building, it is a mere offer to pay upon the condition expressed, and subject to be withdrawn at any time before the church takes any action upon the faith of it, by paying money or incurring liability in respect to the object for which the subscription was made.</p> <p>2. A promise to pay a sum of money for the erection of a church stands as a mere offer, and may be revoked at any time before it is acted upon. It is the expending of money and incurring of liability on the faith of the promise that gives a right of action. Until acted upon there is no mutuality, and being only an offer, susceptible of revocation, it follows that the death of the promisor, or his insanity, before the offer is acted upon, will work a revocation of the offer.</p>