Douglas v. Union Mutual Life Ins.

Citations

• 127 Ill. 101
• 20 N.E. 51

Syllabus

<p>1. Contract—construction—supplemental agreement. Where a written agreement is changed, in some respects, by a further agreement, which recites that all the other conditions and provisions in the first shall remain, in all respects, as therein stated, except as chaifged and amencled by the last agreement, the two agreements must be read as if what is changed by the last were stricken out of the first, and the matter of the last agreement were substituted.</p> <p>2. Same—contract to convey land—restrictions therein obviated by the character of the deed—merger of the preliminary contract in the deed. One who gives his obligation to convey land as a site for an educational institution when certain conditions shall be performed, the title to be inalienable, and to forever remain in the institution, may waive the performance of the conditions precedent, and convey the land in fee simple absolute, free of any and all restrictions, so that the grantee can sell or incumber the same.</p> <p>3. The owner of land gave his obligation to one in trust, whereby he agreed, upon certain conditions, to execute and deliver to the board of trustees of a proposed university, or their successors in office, a good and sufficient deed of conveyance of a tract of land described, “for the sole and exclusive use of the university, inalienable for any other use or purpose forever.” The board of trustees never performed the conditions prescribed in the contract, and were never entitled to a deed for the land, but the maker of the agreement to convey, of his own accord made a warranty deed of the tract, free of any restriction on the power of alienation: Held, that the title thereby passed to the grantee, and that the university might mortgage the same, and the title would pass on foreclosure and sale, free from any rights of the grantor’s heirs and widow.</p> <p>Í. In such case, the grantee has no right to insist that the deed be read as being qualified by the previous agreement, because not