Strehl v. D'Evers

Citations

• 66 Ill. 77

Syllabus

<p>1. Statute on erauds&emdash;verbal agreement to lease for three years. Where the complainant purchased of the defendant a stock of drugs, and, as a part of the same tz'ansaction, the defendant vei'bally agreed to give him a lease of the stoi'e room for three years thereafter at a stipulated rent: Held, on bill by the complainant for specific pez'foi'mance of the agreement, and in case that relief could not be granted, for compensation and indemnity, that the contract was clearly within the statute of frauds, and therefore no specific performance could be decreed.</p> <p>3. Evidence&emdash;$m’ol, to vae’y written contract. The complainant, on bill for specific performance, alleged that the defendant, on the sale to him of a stock of drugs, as a part of the same transaction, verbally agreed to lease him the building where they were kept, for three years, and that she did execute and deliver to him a lease for the premises for one year, which he accepted with full knowledge of the facts, supposing defendant would perform the parol agreement. The defendant denied any agreement to lease longer than one year: Held, that the previous negotiations were mez'ged into the written agz'eement, and that the complainant, having accepted a lease for one year only, was estopped to allege that the contract was different in its essential terms from that expressed in the written lease.</p>