Murray v. Schlosser

Citations

• 44 Ill. 14

Syllabus

<p>Contract—rescission—where time is made essence. In an action of forcible entry and detainer by vendor against vendee, under a contract making time of the essence of the agreement and giving vendor the right to rescind and hold vendee as tenant at will in case of failure to make payments as stipulated, it appeared that default was made and notice of rescission served on vendee’s wife during his absence in the military service of the government, as a volunteer soldier; the court instructed the jury that the contract could not be rescinded except by personal notice, and that notice upon vendee’s wife while he was thus absent was not sufficient. Meld, that the instructions were erroneous. That the contract required no personal notice of rescission to be served on vendee. And that the right of rescission being reserved by the vendor to be exercised at his option, in case of default, could be asserted by the vendor in any manner manifesting an intention to rescind and that the absence of vendee, however meritorious, did not change the terms of the contract or furnish immunity from the consequence of its violation.</p>