Driver v. Ford

Citations

• 90 Ill. 595

Syllabus

<p>1. Pakol evidence—as affecting written contract. Parol evidence is not admissible to fix the time when a written contract is to be performed. A contract can not rest partly in writing and partly in parol.</p> <p>2. Contract—lime of performance, when not expressed. Where no time is expressed in a written contract for the performance of its terms, the law will imply that it shall be within a reasonable time.</p> <p>3. Mechanic’s lien—when no time is fixed for performance. The statute gives a mechanic’s lien under a contract which fails to express any time for performance, and is therefore to be performed within a reasonable time, if the work, etc., is completed within one year from the commencement of the same, and interest is allowable on the sum found due under the contract.</p> <p>4» Practice—time to object for variance. Where a bill or petition is dismissed upon the merits erroneously, the decree will not be sustained in this court merely on the ground of a variance between the petition and proofs. Such objection must be urged below so that it may be obviated by amendment.</p> <p>5. Amendment—to obviate variance, allowable on hearing. A petition for a mechanic’s lien may be amended on the hearing to obviate a variance, and this without a continuance, unless it is made to appear that the opposite party is taken by surprise.</p>