Johnson v. Pollock

Citations

• 58 Ill. 181

Syllabus

<p>1. Contracts—construction of, in a particular case. P, being in the possession of a certain tract of land, entered into a written contract with J, whereby it was agreed that P would pay to J a given sum, on condition that the latter should convey to him the patent title to the land: Hdd,. that this agreement did not create between the parties the relation of vendor and vendee, or that of lessor and lessee.</p> <p>2. Same—rights of parties under the same, defined,. That P, having acquired possession of the land independently of, and prior to, the making of said agreement, and while so in possession, having contracted with J for the patent title, he can not be compelled to pay his money for and accept a less title than that for which he bargained.</p> <p>3. Same—And in such case, J having failed to obtain the patent title, and it appearing that P had never rescinded or repudiated the contract, but at all times has been ready and willing to pay the sum stipulated upon the conveyance to him of the patent title, J will not be permitted to rescind the contract and recover possession of the premises, on the strength of an agreement he has never been in a condition to perform.</p> <p>4. Evidence—petrol—admissible, to show why an erasure was made in a, writing. Where a written contract, offered in evidence, exhibits an erasure of a certain part, parol evidence is admissible to show why such erasure was made. Such proof can not vary its contents in any manner.</p>