Gerrish v. Maher

Citations

• 70 Ill. 470

Syllabus

<p>1. Agent—extent of his authority. Where an agent is employed, merely to carry out and perform a contract already made by his principal, he is not authorized to change the contract, or to make a new one.</p> <p>S. Where a party sold land to another, to be paid for part in cash and part on time, the cash payment to be made, and the deferred payments secured by trust deed, when the vendor should deliver a warranty deed, and an abstract showing good title to the purchaser, and the agent of the vendor, by his direction, tendered such deed and abstract to the purchaser, and demanded performance of the contract, and the latter failed to perform, and afterwards claimed that the agent agreed to give him further time: Held, that the agent had no authority to give any extension of time, his authority being simply to perform the contract already made, and not to make a new one.</p> <p>3. Performance of contract—when acts to be concurrently performed. Where a contract for the sale of land provides for the payment of a portion of the purchase money upon the delivery of a deed for the premises, and an abstract showing good title thereto, and that the balance of the purchase money shall be secured by notes and a mortgage or deed of trust, the delivery of the deed, on the one side, and the payment of the first installment and the delivery of the notes and deed of trust, on the other, are concurrent acts, to be mutually performed by the parties at one and the same time, and neither can be required to proceed before the other performs, or offers to perform, on his part.</p> <p>4 And as a general rule, subject to some exceptions, either party desiring to place the other in default, must perform, or offer to perform, on his part; but an offer to perform by one party is not necessary when, at the time for performance, it is not in the power of the other to perform, or he unconditionally refuses to perform.</p> <p>5. Same—effect of failure in, on the rights of the party in default. Whe