Longfellow v. Moore
Illinois Supreme Court
Appeal from the Circuit Court of Piatt county; the Hon. C. B. Smith, Judge, presiding. This was a hill -in equity, filed in the circuit court of Piatt county hy the appellant, seeking to have a deed executed by him and his wife to appellee Henry V. Moore, for the land in controversy, declared a mortgage.
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Appeal from the Circuit Court of Piatt county; the Hon. C. B. Smith, Judge, presiding. This was a hill -in equity, filed in the circuit court of Piatt county hy the appellant, seeking to have a deed executed by him and his wife to appellee Henry V. Moore, for the land in controversy, declared a mortgage. The bill recites the purchase by Longfellow of the lands of Isaac Williams for $9000, payment of $2000 cash, and the execution of three notes, each $2333.33, due, respectively, in one, two and three years from the date, February 20, 1875, and the execution of a mortgage by Longfellow to…
1Opinion of the CourtJustice Walker
From all of the evidence in the case wé are compelled to conclude that the written agreement signed by appellee and accepted by appellant was the agreement of the parties. It is one of the most, familiar rules to the profession that a contract can not rest partly in writing and partly by verbal understanding between the parties, hence all prior propositions and negotiations are superseded by the written contract. If in its preparation any material portion of the agreement is omitted, a bill may be filed to correct the agreement; but there is no such mistake alleged or attempted to be shown in…
2Cited by12 opinions
- Neppach v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- Larned v. WentworthSupreme Court of Georgia · 1901
- Scott v. HubbardOregon Supreme Court · 1913
- Fulton v. MessengerWest Virginia Supreme Court · 1907
- Phœnix Manufacturing Co. v. BogardusIllinois Supreme Court · 1907
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