Canterberry v. Miller

Citations

• 76 Ill. 355

Syllabus

<p>1. Contract—construction. Where two instruments in writing are made at the same time, relating to the same subject matter, they may be regarded as a single instrument and construed together.</p> <p>2. Where the language of a written contract is unequivocal, although the parties may have failed to express their real intentions, there is no room for construction, and the instrument will be enforced according to its legal effect.</p> <p>3. Same—must be between two or more parties. In a suit by the plaintiff to recover the price of hogs sold, where the defendant refused to accept and pay for the same, the written contract show'ed that the plaintiff bought the hogs of himself, and that the defendant sold the same number of hogs to himself; in other words, it appeared that each party signed the writing the other should have executed: Held, that the plaintiff could not recover, and that the contract was properly excluded by the court.</p>