Moulding v. Prussing

Citations

• 70 Ill. 151

Syllabus

<p>1. Contract—void for uncertainty and repugnancy. Pn the sale and purchase of brick, the parties, on the same day, made the following memoranda: “ Bought 500,000 of good, merchantable-brick from Messrs.-A and B, to be delivered on Wabash avenue, just south of Van Burén street, at the rate of §6.37 per thousand, to be delivered this fall. A & B.” And' the other parties executed and signed the following: “Sold 50,000 good, merchantable brick to C & D, just south of Van Burén street, at §6.37%. per thousand; said O & D agree that we shall commence to deliver on. Wednesday next, or agreement is of no account. C & D:” Held, that • the memoranda, when separately considered, showed no sale, because, by the terms used, each party contracted with themselves, and taken together, were void for uncertainty and repugnance, and failed to express any contract.</p> <p>3. Parol evidence—to explain written contract. Parol testimony is inadmissible to show that certain written memoranda are contracts, and supply their terms, but the writings must be construed by themselves.</p> <p>3. Same—of contract attempted to be expressed in writing, but which is void for uncertainty. Where a contract, as reduced to writing, is void or unintelligible from any cause, parol evidence may be-received under appropriate special counts, to prove the verbal contract.</p> <p>4. Same—of the verbal understanding aside from writing. The rule holding, when parties reduce their agreement to writing, that all ante- • cedent verbal agreements in reference to the matter are merged, and it must alone govern, has reference to legal and valid agreements, and not' to those which are void or wholly unintelligible.</p> <p>5. This is not the case where the contract is required to be in writing, as, under the Statute of Frauds. '</p> <p>6. Coktbact—waiver of condition by subsequent pcert performance. If a contract to deliver a lot of brick is to be of no account unless the seller is permitted to commence delivering by a