Marshall v. Gridley

Citations

• 46 Ill. 247

Syllabus

<p>1. Evidence—wHiten contracts cannot be varied by parol. Parol evidence is not admissible to vary, contradict, strike out, add to or explain a written eontract.</p> <p>2. Contracts—cannot rest partly inwriting andpartly inparol. An agreement cannot rest partly in. writing and partly in.parol.</p> <p>3. Same—sales—place of ddiveiy. The 12th section of the chapter entitled “negotiable instruments,” declares that where the maker of an instrument of' writing for the delivery of articles of personal property, specifies no particular place of delivery, it shall be lawful for the maker to tender, them on the day mentioned in the writing, where the obligee or payee resided when the agreement was entered into ; but if the articles are too' ponderous to be easily moved, or if the obligee or payee had not, at the time of executing the writing, a known place of residence in the county where the maker resides, then the maker may tender them at the place where he himself resided at the time of its execution.</p> <p>4. It is error for the court to instruct the jury that the purchaser should neither have a place of residence or business in the county, at the time of making the agreement, before the seller could tender the articles to be delivered at his own place of residence. The statute referred to has said nothing about a place of bus'mess, it only speaks of place of residence.</p> <p>6. Evidence—when parol may be introduced in reference to a written contract. It is a rule of uniform application, that parol or other extrinsic evidence, may he resorted to for the purpose of identifying the property sold. This evidence does not infringe upon the rule that a written agreement cannot be contradicted, enlarged or varied by parol.</p> <p>6. When a contract on its face seems to be explicit and certain, but is rendered uncertain by extrinsic evidence, then it may be explained by the same character of testimony by which the uncertainty was created.</p> <p>1. Where the uncertainty appea