Logourl black
From our private database of 13,000+ case briefs...

Beynon Building Corp. v. National Guardian Life Insurance Co.

Appellate Court of Illinois
455 N.E.2d 246 (1983)


Facts

Beynon Building Corporation (Beynon) (plaintiff) and Rockford Mortgage Company executed a mortgage and a note on October 23, 1964. The mortgage was for $85,000 and the installment note stated that it was payable in 180 monthly installments at $649.60. The interest was 5½ percent. The mortgage and note were assigned to National Guardian Life Insurance Company (National) (defendant). Beynon claims that in 1965, Beynon received a new installment schedule from National indicating that at $649.60 the correct amount of installments would actually be 200 monthly payments. Beynon never confirmed this with National. In September 1979, after 180 payments, Beynon asked to be released from the mortgage. National refused saying that National just realized a mistake had been made and the correct amount for each monthly payment should have been $694.60. Beynon sued asking to be released from the mortgage. National asserted that a mutual mistake had been made. Beynon claimed that National’s mutual mistake defense was barred by the ten-year statute of limitations reasoning that National had knowledge of the mistake in 1965 when National sent Beynon the updated installment schedule and failed to act on that knowledge. National argued that they did not become aware of the mistake until Beynon’s last payment. The trial court held for National reasoning that a mutual mistake had been made and the statute of limitations was not a bar.  

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Unverzagt, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 128,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,000 briefs, keyed to 176 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.