Memory v. Niepert

Citations

• 131 Ill. 623
• 23 N.E. 431

Syllabus

<p>1. Contracts—whether a contract is in writing—or to be regarded as a verbal contract. A written contract is one which, in all its terms, is in writing ; but a contract partly in writing and partly oral is in legal effect an oral contract.</p> <p>2. While a written contract not under seal is not the contract itself, but is only evidence of the contract, yet, when deliberately reduced to writing, it is the only evidence of the terms of the contract.</p> <p>3. The delivery of a writing, and its acceptance and adoption by the party to whom delivered, being facts dehors the writing, must be proved by extrinsic evidence ; but when mutuality is established by proof of the acceptance of the writing, the contract, notwithstanding such resort to parol, is a contract all of which is in writing.</p> <p>4. Same—“written contract”—within the Statute of Limitations. The agent of a party made and delivered to another a writing addressed to the latter, in which the agent recited that the first party had sold to the latter a lot of bacon, and gave the price, terms, and showing a, complete contract of sale : Held, that such contract was a contract in writing, within the meaning of the sixteenth section of the Limitation act.</p> <p>5. Same—mutuality—contract not signed by the party sought to be charged. A party, by accepting and adopting a written contract not signed by him, but by the other party alone, thereby assents and agrees to its terms on his part, and the law implies a promise to perform. Such a contract is not void for want of mutuality.</p> <p>6. Same—contract of sale—import of the word “sold.” A writing signed by one party only, showing that he has “sold” goods to the other, is not a mere proposition requiring acceptance before it is evidence of a sale. The word “sold” imports a consummated contract of sale, and such a writing affords evidence of a sale on the terms therein set forth.</p> <p>7. Same—contract of sale—as to the mode of payment—the contract construed. The