Weaver v. Fries

Citations

• 85 Ill. 356

Syllabus

<p>1. Contract in writing—contemporaneous verbal agreement not to enforce it—consideration. A plea to an action on a promissory note alleged that the payee, being the father of defendant’s wife, advanced to defendant and his wife the sum mentioned in the note, as an advancement to his daughter,</p> <p>and that defendant thereupon executed the note, and that its only consideration was the money so advanced to defendant and his wife; and that, before, etc., it was expressly understood and agreed by and between the payee and defendant that the latter should never be required to pay the note or any part thereof; that the note was given merely as a memorandum of the said advancement, and for the purpose of attesting the same, and for no other purpose, and that, after the execution of said note, the payee, on divers times, etc., in conversations had with defendant and others, disclaimed all intention of holding the defendant liable on said note, and expressly declared and asserted that defendant should never be required to pay the same or any part thereof, etc: Held, on general demurrer, that the plea presented no defense, as it only set up a contemporaneous parol agreement different from the tenor of the note, and did not amount to a plea of want or failure of consideration.</p> <p>2. Contract—varying written, by parol. The terms of a written contract can not be varied, altered or changed by parol evidence. When reduced to writing, the prior and contemporaneous verbal agreements of the parties are merged in the writing, from which alone is to be determined the terms and conditions of the contract, and the liability of the parties.</p> <p>8. Consideration—promise without, is not binding. The declaration or promise of the payee of a note, that he will not collect the same, or any part thereof, without any consideration therefor, is a mere nudum pactum.</p>