delivered the opinion of the court.
Purple v. Rothschild & Co., 207 Ill. App. 303 (1917)
Oct. 2, 1917
·
Illinois Appellate Court
·
Gen. No. 23,081
207 Ill. App. 303
William V. Purple, Plaintiff in Error, v. Rothschild & Company, Defendant in Error.
Gen. No. 23,081.
(Not to be reported in full.)
Error to the Municipal Court of Chicago; the Hon. Dennis W. Sullivan, Judge, presiding. Heard in this court at the October term, 1916.
Reversed and remanded.
Opinion filed October 2, 1917.
Statement of the Case.
Action by William V. Purple, plaintiff, against Rothschild & Company, defendant, to recover the value of a piano, alleged to have been wrongfully taken under a chattel mortgage. From a judgment of nil capiat, plaintiff bring error.
*304Abstract of the Decision.
1. Contracts, $ 121* — 'When contract rendered void by filling in blank spaces contrary to agreement. Blank spaces in a contract may he filled in in accordance with the understanding of the parties, but a departure from such agreement renders the contract void.
2. Contracts, § 327* — when forfeiture granted. The law abhors a forfeiture, and he who invokes the right to declare one can only do so when there is a valid, enforceable contract giving this right.
William A. Jennings, for plaintiff in error.
Judah, Willabd, Wole & Reichmann, for defendant in error.