Fort v. Richey

Citations

• 128 Ill. 502
• 21 N.E. 498

Syllabus

<p>1. Conveyances—separate contract as to payment—the deed and contract construed together. A father conveyed his farm to his son on July 30, for the expressed consideration of $5000, of which one-half was paid down. On the 5th of August following, the son gave the father, for the balance due, his obligation to pay the latter $175 per annum during his life, and as much more as might be necessary to the father’s support and comfort, containing a proviso, however, that the total of such payments or advances should not exceed $2500, and interest thereon : Held, that the contract of the son, and the deed to him, though bearing different dates, were parts of the same transaction, and should be construed together, as they both related to the same subject matter, and were based upon the same consideration.</p> <p>2. Same—contract as to payments—construed—as to liability being discharged after payment in part. A father conveyed land to his son for the expressed consideration of $5000. The son paid $2500 in cash, and gave his written agreement to pay the father, as an annuity, the sum of $175 during the life of the latter, and such further sums as might be necessary to minister to his comfort or satisfaction, but it was therein provided that the total of all such payments and advances should not exceed $2500, and interest thereon. The yearly payments were made during the father’s life, amounting to $1410: Held, that the son was not liable to the father’s estate for the balance of the $2500, or pinchase price, and that his liability was discharged by performance of his written agreement to pay the annuity during his father’s lifetime.</p> <p>3. Same—consideration—as expressed in the deed—whether conclusive. A deed, by expressing a consideration, does not necessarily import that such sum is to be paid by the grantee to the grantor in any event, so as to fix an indebtedness independent of a cotemporaneous agreement of the parties fixing the mode of payment and determining the a