Kelly v. Trumble

Citations

• 74 Ill. 428

Syllabus

<p>1. Bond sur deed — does not give right of possession. A contract or bond for the future conveyance of land does not of itself necessarily imply that the present possession shall pass. It may pass by the express terms of such contract, but in the absence of appropriate language to indicate such intention, the right of possession remains with the legal title.</p> <p>2. Alteration — materiality. The addition of words to a bond for a deed, giving a right of immediate possession, by the obligee, without the knowledge or consent of the obligor, being a material alteration, avoids the contract, even though such was the original intention outside the written contract.</p> <p>3. Parol evidence — to show sale of land, when the written contract is avoided by alteration. Where one party fraudulently alters a contract in a material matter, without the consent of the other, so that it is not admissible in evidence, the other party may prove the original contract by parol, when the statute of frauds is not pleaded, and have a specific performance decreed.</p>