Gardner v. Hall
Illinois Supreme Court
The plaintiff in error filed his petition in the court below, to enforce a mechanics’ lien, on a contract set out in the petition, and designated as “ Exhibit A.” The contract was entered into between the plaintiff and the defendant, Hall, on the 9 th of April, 1860, and by the terms thereof the work was to be completed by the 20th of July, 1860, the first payment to be made two months after the time fixed for the completion of the contract, to wit, on the 20th of September,…
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The plaintiff in error filed his petition in the court below, to enforce a mechanics’ lien, on a contract set out in the petition, and designated as “ Exhibit A.” The contract was entered into between the plaintiff and the defendant, Hall, on the 9 th of April, 1860, and by the terms thereof the work was to be completed by the 20th of July, 1860, the first payment to be made two months after the time fixed for the completion of the contract, to wit, on the 20th of September, 1860, and twenty-five dollars per month until the first of January, 1861, when (in the language of the contract) “ the…
1Opinion of the CourtCaton, C. J.
The supplemental agreement indorsed on the back of the contract on which this suit is founded, did not extend the time of payment beyond the year. It was a conditional agreement to extend the time of payment. It was an agreement.purely executory. Hntil the mortgage should be executed as provided therein, all the obligations of the principal agreement, including the times of payment, remained in full force. The mortgage never was given. The contingency upon which the extension of the time depended, never happened. Had the mortgage been given as agreed, that would, of itself, have destroyed the…
2Cited by20 opinions
- Chicago & Alton Railroad v. Union Rolling Mill Co.Supreme Court of the United States · 1884
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- Provost v. ShirkIllinois Supreme Court · 1906
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