Bacon v. Cobb

Citations

• 45 Ill. 47

Syllabus

<p>1. Contract—performance of—wlien place of delivery is not mentioned. Where a party contracted with another for the delivery of a certain quantity of corn, at a specified time and place, at an agreed price, to be paid on delivery and inspection, which contract was fulfilled by both parties, and a short time after the vendor addressed a telegram to the Vendee, offering to sell him another quantity of corn at a different price, which offer was accepted, but no mention was made of the place of delivery and inspection, or the terms of payment,—held, that such subsequent contract will be considered to have been made upon the same terms as the first one, as to payment, place of delivery and inspection.</p> <p>3. Same — to excuse performance of—contract must so provide. The rule is well established, that, where a party by his own contract creates a duty or charge upon himself, his undertaking must be substantially complied with under any and all circumstances. To excuse a performance his contract must provide for it.</p> <p>3. Agency—when agent mil not beheld liable to his principal. Where a party-contracted. to deliver to another, at a specified time and place, a certain quantity of corn, to he paid for on delivery and inspection, and upon its delivery and inspection a portion of it was rejected, which portion the vendor directed the vendee to dispose of to the best advantage, and a sale was made,— held, that the vendee thereby became the agent of the vendor for the disposal of the corn; and, the proof showing it to have been done to the best advantage, the proceeds thereof fully accounted for to his principal, and no negligence or fraud being shown, the principal must suffer whatever loss accrued by such sale.</p> <p>4. Instructions—wnen may be refused. It is not error for the court to refuse to give the instructions asked by a party, provided those given covered the entire case and submitted it properly to the jury.</p> <p>5. Contracts—extension of time of performance