Bagley v. Findlay

Citations

• 82 Ill. 524

Syllabus

<p>1. Measure of damages—in suit bg vendor against vendee, where thelatter refuses to take and pay for goods. Where the vendee of goods sold at a speprice refuses to take and pay for them, the vendor may store them for the vendee, give him notice that he has done so, and then recover the full contract price, or he may keep the goods and recover the excess of the contract price and above the market price of the goods at the time and place of delivery, or -5® may, upon notice to the vendee, proceed to sell the goods to the best advantage, and recover of the vendee the loss, if they fail to bring the contract price.</p> <p>2. Agency—when it exists-—as between vendor and, purchaser. Where the vendor of goods which the vendee has refused to take and pay for, undertakes, upon notice to the vendee, to sell the goods, with a view to holding the vendee liable for the loss in case they fail to bring the contract price, he takes the position of agent for the vendee, and is held to the same degree of care, judgment and fidelity that is imposed by law upon an agent put in possession of goods, with instructions to sell them to the best advantage.</p>