Mann v. Smyser

Citations

• 76 Ill. 365

Syllabus

<p>1. Failure of consideration—sufficiency of plea of. To a declaration upon a promissory note, the defendant pleaded that he was induced to enter into and make the said agreement and promises by means of fraud, covin and misrepresentations of the plaintiffs, and others in collusion with them, in this: that, on, etc., plaintiffs sold defendant their warehouse, situate, etc., for $1500, including one corn-sheller, etc.; that he was induced to enter into said contract by the representations of plaintiffs that they could and would procure for him an assignment of the lease from the railroad company for the ground upon which the warehouse and appurtenances were situated, which representations the plaintiffs knew to be false at the time; that defendant, relying on said representations, entered into said contract, and in payment thereof, executed his notes as follows : for the sum of $500 each, payable in four, eight and twelve months, respectively, the last one of which is the one declared on, the others having been paid; that plaintiffs did not and could not procure an assignment of the grounds on which the warehouse and appurtenances were situated, but that the railroad company, after such sale, before they would assign said lease of the plaintiffs to defendant, took possession of a portion of the grounds and compelled the defendant to remove a portion of said warehouse, and= deprived him of the use of a portion of said grounds, to his great damage, to wit: the sum of $500, of all which the plaintiffs had notice, etc.: Held, that the plea was substantially good as a plea of partial failure of consideration.</p> <p>2. Evidence—parol to vary a written contract. As a general rule, and at the common law, it' is not allowable to vary the terms of a written contract by parol testimony.</p> <p>3. Same—parol evidence when failure of consideration is pleaded. Under the statute which allows a total or partial failure of consideration to be pleaded in defense of a suit upon a not