Packard v. Van Schoick

Citations

• 58 Ill. 79

Syllabus

<p>1. Evidence—conversations anterior to execution of a writing considered as merged in the instrument. When a contract is reduced to writing, all matter of negotiation and discussion on the subject antecedent to, and dehors the writing, are excluded, as being merged in the instrument, unless offered to overthrow’ the contract as being fraudulent or illegal.</p> <p>2. Same—of words used in an instrument having a particular meaning. Where certain words used in a written instrument have acquired a particular meaning by local usage, and such usage is shown to have been so general, uniform and frequent, as to warrant tlie inference that the parties had knowledge of and contracted with reference to the usage, it is competent to show that meaning by parol.</p> <p>3. Costeacts—condition precedent. Where, by the terms of a written contract for furnishing the materials and laying the briclt and stonework for a building, it was provided that payment therefor should only be made upon the estimate and certificate of the superintendent of the work, in such case the obtaining of such certificate is a condition precedent to the payment of the money; and an action to recover therefor, without first obtaining it, is prematurely brought.</p> <p>4 Same—providing for payment upon certificate of a third party—contracting parties should have notice of application for certificate. And where, in such case, the parties have fixed upon a particular mode by which the right of payment is to be ascertained, justice requires that the party applying for such estimate and certificate should give notice to the other, of the time and place of a hearing in respect thereto.</p>