Daegling v. Schwartz

Citations

• 80 Ill. 320

Syllabus

<p>1. Assumpsit—when a proper form of action. Where a contract under seal has afterwards been varied in its terms by ¿.distinct simple contract, made upon a sufficient consideration, such substituted or new agreement must be the subject of an action of assumpsit, and not of an action of covenant.</p> <p>2. Where a contract under seal contains a provision for the modification of the design of the work to be performed under it, but no provision for an extension of the time of performance on account of any such modification, and such modifications are made, and by parol agreement the time for the performance is extended in consideration thereof, such extension of time makes it a new contract upon which the action of assumpsit will lie.</p>