Silvers v. Chitwood

Citations

• 59 Ill. 193

Syllabus

<p>Constkuctioh of a contract. A and B entered into a contract, by the terms of which A was to break and fence eighty acres of land. Eor the breaking, B was to pay $3 per acre, and for the fencing, $6 per hundred rails, A doing the work and furnishing the materials. After specifying the details in regard to this part of the transaction, the contract provided that A should put in a crop of wheat in the fall of that year—1869—B furnishing the seed, and the proceeds of the crop to be equally divided. The contract then provided as follows: “The said A further agrees, that he will thoroughly prepare the ground of the said eighty acres, and sow the same in wheat, in the fall of the year 1870, upon the same terms and conditions as aforementioned for the year 1869:” Held, A was not entitled to $3 per acre for preparing the land for wheat in the fall of 1870, but was to prepare the ground and sow the wheat on the same terms as specified for the preceding year, that is, an equal division of the crop.</p>