Huey v. Grinnell

Citations

• 50 Ill. 179

Syllabus

<p>1. Abandonment of contract—waiver of right ip enforce it. Where a party to a contract manifests an intention to abandon it, by suing for and recovering money which he has paid thereon, he cannot be permitted afterwards to treat the contract as in force, and insist upon its performance by the other party.</p> <p>2. So, where A and B, each claiming the better right to a tract of land, entered into an agreement that he who should be found to have the better title should convey to the other one half of the land, and receive therefor a stipulated sum of money, A agreeing to pay to B a certain sum for improvements made by B upon the portion which was to be allotted to A: Self that this was one entire agreement, and the recovery by B against the estate of A, who had died before the agreement was performed, the sum so agreed to be paid for the improvements, will be treated as an abandonment of the contract by B, and preclude him from after-wards insisting upon a conveyance of one half of the land by the representatives of A, who had perfected their title thereto.</p>