Thayer v. Allison

Citations

• 109 Ill. 180

Syllabus

<p>1. Error will not always reverse—admission of improper testimony. The admission of evidence having no bearing on the final decision of a case being tried by the court without a jury, and which it can be seen worked no injury to either party, and had no influence on the court in its judgment, will afford no ground for a reversal of the judgment.</p> <p>2. Contract—vendor and purchaser—right of the latter to rescind—as to the time fixed by the contract. A purchaser of land supposed to be coal land, made his first payment, and was to pay the balance in three installments, the first of the deferred payments on the first day of March following, the contract giving him the option to rescind at any time before such first deferred payment should become due, forfeiting his first payment. Prior to that time the vendor extended the time of payment to the first day of April following, to enable further tests to be made to find coal: Held, that the purchaser had the right, after such extension, to rescind at any time before the first day of April,—the time the deferred payment, under the extension, would become due.</p> <p>3. Same—indorsing a release as a condition to the right to rescind. Where the contract gave to the purchaser the option to rescind his purchase at any time before the second payment should become due, by delivering back to the vendor the contract, with an indorsement thereon releasing him from all obligation thereunder, the vendor in such case to retain the amount already paid, the purchaser may rescind the purchase by surrendering the contract to the vendor, and notifying him of his intention to rescind, before the second payment becomes due. In such case the indorsement of his release of the vendor upon the contract is not essential to the right to rescind, as the surrender itself would operate as a release.</p> <p>4. Consideration—for extension of time of payment. A money consideration is not necessary to a contract extending the time of a payment. One p