Longfellow v. Moore

Citations

• 102 Ill. 289
• 1882 Ill. LEXIS 27

Syllabus

<p>1. Contbact—can not rest partly in writing and partly in parol. A contract can not rest partly in writing and partly by verbal understanding between the parties. Hence, all prior propositions and negotiations are superseded by the written contract. If any material portion of the agreement is omitted, a bill may be filed to correct the same.</p> <p>2. Same—party must elect to purchase within the time prescribed. Where, by a written agreement, one has the option to purchase land by a day named, on certain terms, by declaring his intention so to do, by written notice, within the time specified, and fails to elect to purchase within the time, the owner is not bound to sell to him, and may impose such new terms as he chooses, and if the other party does not accept such new terms within the time fixed, but simply expresses a willingness to buy at a reduction of interest in the deferred payment, he can not, after the time extended, enforce the contract, or offer to sell to him, without showing an equitable excuse for ¿he delay.</p> <p>• 3. Same—estoppel—by agreement to extend time of performance. A party who agrees to extend the time for the performance of»a contract, and puts the other party off his guard, will be estopped from taking advantage of its non-performance in the time first agreed on. The other party will have the extended time in which to perform.</p> <p>i. Tender—sufficiency—not good when too late. After the time has passed within which one is allowed the privilege of electing to purchase land on certain terms, a tender and offer to perform comes too late; and when the contract is, that on the first payment being made a conveyance is to be given the p'urchaser, who is there to give notes secured by mortgage on the land, a tender of the cash payment, without the notes and mortgage, is unavailing towards procuring a specific performance.</p> <p>5. Mortgage—satisfaction. Where a mortgagor of premises conveys the same to the holder, of the notes secured in dis