Loach v. Farnum

Citations

• 90 Ill. 368

Syllabus

<p>1. Contract—change of sealed one hy unsealed indorsement It is a well settled rule of the common law, that an executory contract, under seal, can not he modified or varied by a parol agreement, and such is the doctrine of this court. An indorsement in writing on a lease under seal, agreeing to reduce the rent, and acceptance of monthly rent in accordance therewith, such indorsement not being under seal, can not be admitted in evidence to vary the terms of the lease as to the rent to be paid.</p> <p>2. Same—consideration necessary to change in contract An executory agreement in writing .without any new consideration, to reduce the rent secured to be paid by a lease, is a mere nudum pactum, and not binding on the lessor.</p> <p>3. Same—evidence of ratification of invalid contract. In a proceeding by distress for rent due under a sealed lease, proof of the acceptance of rent for three months of the term at a reduced rate, under a parol agreement to reduce the rent for the balance of the term, where no rent is claimed- as to the months so paid, is inadmissible, as such acts are but invalid ratifications and repetitions, so far as the contract remained executory, of an invalid promise, and stand on the same footing.</p>