Pickrel v. Rose

Citations

• 87 Ill. 263

Syllabus

<p>1. Rescission of contract—written proposition accepted excludes verbal offers. A verbal proposition for the rescission of a- contract for the sale of land is superseded by a written proposal, given at the instance of the other party, which is kept, without notice of its rejection, and possession is taken under the same. The verbal propositions being excluded by the written one, can not be admitted in evidence.</p> <p>2. Contract—acceptance of proposal by acts. A party can not accept a part, only, of a written proposition for a contract, and at the same time rely on a portion of the antecedent verbal offers; and if such party acts under a written proposal, and avails himself of all the rights and privileges it confers, this will show an acceptance.</p>