Cease v. Cockle

Citations

• 76 Ill. 484

Syllabus

<p>1. Evidence—parol to vary written contract. Where the written con-' tract of parties showed a bargain by two of them for the sale and delivery of 20,000 bushels of corn to the other party, it was held that parol evidence could not be received to show that each of the parties of the first part had sold 10,000 bushels, which he was to deliver, and that each ivas surety for the other as to the part to be delivered by such other, as this would be to vary the legal effect of the written contract.</p> <p>2: Contract—whether change in terms not complied with will release. Where A and B agreed to sell and deliver to another 20,000 bushels of corn, to be delivered at Mason City by a day named, and A and the vendee subsequently agreed that one-half of the corn should be delivered in Chicago: Held, in a suit by the vendee for damages growing out of a failure to deliver the corn at Mason City, that the subsequent agreement furnished no excuse for not delivering at Mason City, unless it was shown that the subsequent agreement was complied with by the vendors.</p> <p>3. Interest. Where money is advanced upon the purchase of grain, only a portion of which is delivered, interest is recoverable upon the excess of money advanced above the amount of grain delivered.</p>